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REED'S  RULES 


GENERAL  PARLIAMENTARY  LAW 


SUGGESTIONS  FOR  SPECIAL  RULES 


BY 

THOMAS   B.  REED, 

SPEAKER  OF  THE  HOUSE  OF  REPRESENTATIVES. 


CHICAGO: 
RAND,  McNALLY  &   COMPANY 


Copyright,  1894,  by  Thomas  B.  Reed. 
Copyright,  1898.  by  Thomas  B.  Reed 


CONTENTS. 


CHAPTER  PAGE 

I. — Introduction n 

II. — Preliminary  Propositions ...     16 

§i.  Understanding    under    which 

assemblies  meet 16 

2-4.  Nature  of  assemblies 17 

5-8.  Adaptation   of    organization 

to  the    assembly 1 8-20 

9-22.  Quorum.  _ .21-28 

23-25.  Rule  of  majority 28,29 

III. — Organization 29 

§26.  Object  of  organization 29 

27.  Simple  organization 29 

2  8-3 1 .  Double    organization 31,32 

IV.— Officers  and  Their  Rights  and  Duties    35 
§32-40.  Presiding  officer,  rights  and 

duties 35-40 

41-46.  Clerk,  rights  and  duties. 41-44 
47.  Other  officers _._     45 

V.— Rights  and  Duties  of  Members 46 

§48 .  Rights  of  members 46 

49,  50.  Duties  of  members. . 47, 48 

VI. — Rules  and  Orders. 40 

§5 1 .  Why  special  rules  are  needed.  49 

52.  Alteration  of  rules 50 

53,  54.  Suspension  of  rules  . .    . .  50,  51 

55.  Practical  suggestion  as  to  rules  51 

56,  57.  Government  in  the  absence 

of  rules 52 

(3) 


380295 


4  CONTENTS. 

CHAPTER  PAGE 

VII. — Committees-. 53 

§58.  Nature  and  need  of  committees    53 

59-63.  Kinds  of  committees 53-55 

64-69.  Selection  of  committees  .56-5  8 
70-79.  Committee  proceedings.  .59-63 
80-85.  Action  of  committee  before 

the  assembly 63-66 

86.  Origin  committee  of  the  whole  67 
87-99.  Methods  of  procedure... 67-74 

VIII. — Conduct  of  Business — Disposal  of 

the  Main  Question. _ 74 

gioo.  Forms  of  action  by  an  assem- 
bly..      74 

101-108.  introduction  of  business, 

including  petitions.. 75-79 

109.  Main  question _ 79 

no.  Question  of  consideration. __     80 

in,  112.  Point  of  order 81,82 

112,  113.  Other  methods  of  put- 
ting the  question  aside    82 
114-117.  To  lay  on  the  table 82-84 

1 1 8.  To  postpone  to  a  day  certain    84 

119,  120.  To  commit 85,86 

121,  122.  To  indefinitely  postpone86, 87 

123-127.  Previous  question 87-91 

128.  Closure  of  debate  in  House 

of    Commons  and    French 

Chamber  of  Deputies 92 

IX.— Conduct  of  Business,  Continued  — 

Amendments - 93 

§129,  130.  Method  of  procedure. .93, 94 

131.  Object  of  amendment 94 

132.  Method  of  amendment 95 

133.  Amendment  to    the  amend- 

ment   _ .     95 

134.  Amendment,  one  at  a  time.-     96 

135.  J36.  Amendment  by  inserting    97 
137-139.  Amendment   by  striking 

out 98,99 


CONTENTS.  5 

CHAPTER  PAGE 

140-146.  Amendment  by  striking 

out  and  inserting  _ .  100-106 

147.  Amendment  by  striking  out 

and  inserting  paragraphs.  106 

148.  English   system    of    putting 

amendments 107 

149.  Amendment  to  the  amend- 

ment (again) 108 

150.  Amendment,  modification  by 

mover _ .._  109 

151-153.  Division  of  the  Question  no 

154.  Filling  of  blanks. _   ___  in 

155-157.  Amendments,        other 

methods  of 112-114 

158.  Amendments,  method  of  stat- 

ing  114 

159.  Amendments,   limitation   as 

to 115 

1 60.  Amendments  must  be  ger- 

mane _ 117 

161.  Amendment     incompatible, 

etc 117 

X. — Conduct  of  Business,  Concluded- ._  118 

§162.  Privileged     and     incidental 

motions  __ 118 

163.  Subsidiary  motions,  re  view  of  119 

164,  165.  Applicability  of  subsid- 

iary motions   to   each 
other 121 

1 66.  Effect  of  motions  of  higher 

rank  on  those  of  lower  rank  121 
167-177.  Privileged  motions,  ad- 
journment, reoess,  etc.  122-130 
178-180.  Questions  of  privilege  130-131 
181-193.  Incidental  motions..  132-138 

XI.— Recapitulation  and  Classification  of 

Motions  _.   140 

§196.  The  main  question 140 


6  CONTENTS. 

CHAPTER  PAGE 

197.  Subsidiary  motions.. 140 

198.  Privileged  questions 141 

199.  Incidental  questions 142 

200.  Practical  illustration   of  the 

order  of  motions 143 

201.  Motions  in  their  relations  to 

debate,  amendment,  and  to 
each    other 145 

XII.— Motions  for  Reconsideration. 147 

§202.  Reconsideration 147 

203.  Motion  for  reconsideration  __  148 

204.  When  permissible.   149 

205.  When  to  be  made 151 

206.  Practice  in  House 151 

207.  Who  may  make  it 152 

209-212.  Object  of,  debate,  etc.  153-155 

XIII. — Debate  and  Decorum 155 

§212.  Debate,  object  of,  duties  of 

members. -    155 

213.  Debate,  beginning  of 157 

214.  Recognition,  rules  of 158 

215.  Member  can  speak  but  once.  159 

216.  Relevancy  of  debate 159 

217.  218.  Yielding  the  floor 161/162 

219.  Informal  remarks 162 

220.  Cessation  of  debate 163 

221-228.  Methods  of     preserving 

order 163, 168 

227,  228.  Debate  in     Ihe    United 

States  House 1 68-1 70 

XIV.— Methods  of  Voting 171 

§229.  Three  methods 171 

230.  By  sound 172 

231.  Rising  vote _ 172 

232.  Yeas  and  nays ..   173 

233.  By    tellers    in    the    United 

States  House 175 


CONTENTS.  7 

CHAPTER  PAGE 

234.  Other  methods 176 

235.  Decisions  of  points  of  order 

during 176 

XV. — Proceedings   Between   Co-ordinate 

Branches  of  Legislatures 177 

§236.  Methods  of  communication __  177 

237.  Messages  ___ _  178 

238,239.  Committees 179 

240.  Conferences 1 79 

241.  Object  of  a  conference 180 

242.  Free  conference 181 

243.  Action  of    conference    com- 

mittees   182 

244.  Report  of    conference  com- 

mittees   _„  183 

245.  Method  of  obtaining  confer- 

ence ___ 183 

246.  Conference  report,  procedure 

in  assembly 185 

247-254.  Motions  relating  to  agree- 
ment and  disagreement 
between  two  houses  186-189 

XVI. — Order  of  Business 189 

§255-258.  Orders  of  the  day 189-191 

259-263.  Changes  in  parliament- 
ary law  and  practical 
suggestions  thereon — 
Various  orders  of  busi- 
ness  192-195 

264-265.  Rank  of  motions 196-198 

XVII.— Special  Rules. 199 

§266.  Practical  suggestions 199 

267.  Changes  in  order  of  business  200 

268.  Changes  in  rank  of  motions.  200 

269.  Two-thirds  to  adopt  previous 

question 202 


8  CONTENTS. 

CHAPTER  PAGE 

XVIII.— Forms 203 

§270.  For  calling  a  meeting 203 

271.  Calling  to  order 203 

272.  Chairman  __ ._  205 

273.  Parliamentary  inquiries 206 

274.  Points  of  order . 207 

275-280.  Subsidiary  motions.. 208-210 
281-283.  Privileged  motions.  .210,  211 
284-288.  Incidental  motions. _2ii,  212 

XIX.—..  213 

§289.  United  States  House  of  Rep- 
resentatives —  Method  s  of 
business  —  Change  of  rules 
Fifty-first  Congress 213 


PREFACE. 

It  should  be  understood  at  once  that  this  Man- 
ual has  nothing  to  do  with  the  political  differences 
which  have  existed  as  to  the  rules  of  the  House 
of  Representatives,  except  so  far  as  any  treatise 
would  incidentally  refer  to  them. 

The  object  of  this  book  is  to  present  the  rules 
of  general  parliamentary  law  in  such  a  way  that 
the  system  can  be  comprehended  by  persons  who 
may  be  called  upon  to  preside  over  meetings  of 
deliberative  bodies,  and  by  those  who  may  desire 
to  participate  in  the  proceedings.  The  aim  has 
been  to  so  explain  each  motion  that  it  may  be 
understood  by  itself  and  also  in  its  relations  to 
other  motions.  Paragraphs  also  have  been  in- 
serted to  show  the  changes  made  in  general  par- 
liamentary law  by  the  rules  and  usages  of  the 
United  States  House  of  Representatives.  This, 
it  was  thought,  would  be  useful  to  enable  those 
who  desired  so  to  do  to  comprehend,  in  a  general 
way,  the  practice  of  that  body. 

Forms  and  suggestions  have  been  added.  If  it 
should  seem  to  anyone  versed  in  parliamentary 
law  that  many  of  the  forms  are  too  simple  to  need 
printing,  the  author  ventures  to  suggest  that  a 
beginner  does  not  know  the  simpler  things,  and 
needs  them  the  most. 


10  PREFACE. 

If  the  student  has  once  fixed  in  his  mind  the 
idea  that  parliamentary  law  is  not  a  series  of  arbi- 
trary rules,  but  a  plain,  consistent  system,  founded 
on  common  sense,  and  sanctioned  by  the  experience 
of  mankind,  he  will  have  gone  far  toward  under- 
standing it.  That  this  little  volume  will  complete 
his  education  is  too  much  to  expect,  but  that  it 
will  aid  and  assist  the  learner  is  the  hope  of  the 
author. 

THOMAS  B.  REED. 


PARLIAMENTARY  RULES. 

CHAPTER  I. 

Introduction. 

Origin  and  Precedents. —  Parliament- 
ary law,  as  it  now  exists,  had  its  origin  as 
a  system  in  the  Parliament  of  England. 
Undoubtedly  in  every  country  and  in  every 
age  where  assemblies  of  people  were  held, 
some  form  of  procedure  became  established 
and  was  followed.  But  these  forms  of  pro- 
cedure have,  in  many,  perhaps  most,  in- 
stances, perished,  and  would  probably  be  of 
little  use  to  us  now  if  fully  known.  The 
English  system  itself  has  been  so  changed 
within  human  memory  in  every  other 
country  where  the  parliamentary  system  of 
government  has  been  adopted,  that  Eng- 
lish precedents  afford  us  little  help  as  to 
actual  procedure.  Nevertheless,  they  are 
still  of  much  use  in  determining  and  illus- 


12  PARLIAMENTARY    RULES. 

trating  fundamental  principles.  Before 
the  time  when  Jefferson  wrote  his  little 
treatise,  which  is  known  as  Jefferson's 
Manual,  American  parliamentary  law  was, 
for  the  most  part,  an  agglomeration  of 
English  precedents  which  were  reverenced 
because  they  were  precedents,  and  not 
because  they  were  examples  of  proper 
methods  of  expediting  business.  Before 
that  time  but  little  effort  had  been  made  to 
reconcile  precedents  with  principles,  and 
parliamentary  law  was  not  a  system 
founded  on  principle  and  settled  by  the 
dictates  of  reason.  It  can  not  be  said  now 
to  be  a  perfect  method  easily  adjusted  to 
all  cases,  but  it  has  been  changed  for  the 
better,  and  the  change  has  been  brought 
about  in  a  natural  way.  Whatever  con- 
cerns large  bodies  of  men,  and  is  thought 
over  by  large  numbers  of  intelligent  peo* 
pie,  gets  infiltrated  with  the  common  sense 
of  the  many  and  becomes  adapted  to  their 
wants  and  needs.  Under  a  popular  gov- 
ernment like  our  own  much  of  the  work 
of  government  is  carried  on  by  bodies  and 
assemblages  outside  of  the  regularly  con- 
stituted legislatures,  councils,  and  legal 


INTRODUCTION.  13 

boards.  As  a  preliminary  to  the  regular 
government  of  the  country,  conventions 
are  necessary  for  the  nomination  of  candi- 
dates and  for  the  conduct  of  campaigns. 
As  a  means  of  utilizing  wealth  by  union  of 
limited  sums,  corporations  are  formed  to 
enable  large  enterprises  to  be  conducted. 
The  members  of  these  corporations  have 
to  meet  to  transact  business,  and  the  di- 
rectors chosen  by  them  1iave  also  to  act 
together  as  a  body.  Many  movements  in 
connection  with  education  and  with  other 
forms  of  human  progress,  including  all  the 
movements  which  have  gone  on  and  are 
going  on  for  enfranchisement  of  women, 
require  assemblages  for  very  many  pur- 
poses. Wherever  there  is  an  assembly 
there  is  need  of  parliamentary  law,  so  that 
the  assembly  may  proceed  in  orderly  fash- 
ion with  as  little  jar  and  discord  as  possible, 
and  accomplish  the  work  to  be  performed, 
which  work  in  all  instances  is  to  obtain 
the  sense  of  the  assembly  and  shape  its 
action  in  accord  therewith.  This  increase 
of  assemblies,  the  extent  of  which  has  been 
but  hinted  at,  has  necessarily  brought  the 
law  which  governs  them  more  and  more 


14  PARLIAMENTARY    RULES. 

into  discussion  until  to-day  a  tolerable  sys- 
tem can  be  stated  which  will  appeal  at 
once  to  the  good  sense  of  all,  and  also  to 
the  experience  of  those  who  have  had 
occasion  to  be  versed  in  the  practice. 

Of  course,  there  are  disputed  points, 
many  questions  on  which  authorities  seem 
to  differ,  and  the  practice  to  be  varied.  In 
such  cases  that  rule  has  been  adopted  in 
this  Manual  which  seemed  the  most  prac- 
tical and  sensible,  not  always  in  itself,  but 
as  a  part  of  a  working  system. 

As  has  already  been  intimated,  we  can 
have  but  scant  recourse  to  English  prec- 
edents, for  the  difference  between  English 
and  American  parliamentary  law  is  so  wide 
that  it  would  hardly  be  possible  for  a  par- 
liamentarian, practiced  in  our  law  only,  to 
understand  the  proceedings  of  the  House 
of  Commons.  There  the  previous  ques- 
tion kills  the  bill,  with  us  it  only  kills  the 
debate.  There  a  motion  to  adjourn,  at 
least*  of  a  certain  kind,  is  debatable,  and  a 
motion  to  adjourn  debate  can  be  debated 
to  exhaustion.  With  us  the  body  must  say 
yes  or  no  to  the  question  of  adjournment, 
and  the  motion  to  adjourn  debate,  at  least 


INTRODUCTION.  15 

in  that  form,  is  unknown.  There  they  do 
not  "  strike  out."  They  prefer  to  decide 
whether  or  not  the  words  "  shall  stand  part 
of  the  question.'  A  motion  to  reconsider 
is  not  allowed.  With  us  it  is  altogether 
too  common. 

Nor,  on  the  other  hand,  have  we  much 
help  from  our  own  popular  parliamentary 
body,  the  House  of  Representatives. 
There  a  variety  of  causes  have  conspired 
to  make  the  forms  of  procedure  peculiar  to 
itself.  Perhaps  on  the  whole  it  would  not 
be  suitable  in  a  treatise  like  this  to  specify 
these  causes,  but  every  one  recognizes-  the 
fact  that  whether  the  causes  for  the  slow 
procedure  of  the  House  are  proper  causes, 
the  fact  remains  that  the  procedure  of  the 
House  is  not  adapted  to  the  ordinary  as- 
sembly, and,  so  far  as  my  knowledge 
extends,  has  never  been  adopted  in  its 
entirety  by  any  legislature. 

The  parliamentary  law,  then,  which  we 
have  to  describe  has  grown  up  among  the 
people  for  their  own  uses,  and  is  on  the 
whole  well-adapted  to  the  ends  they  have 
in  view. 


16  PARLIAMENTARY   RULES.  §  1 

CHAPTER  II. 

Preliminary  Propositions. 

i.  Understanding  Under  which  As- 
semblies Meet. — Every  assembly  meets 
with  the  implied  understanding  that  it  will 
be  governed  and  controlled  by  the  general 
custom  applicable  to  assemblies,  which 
custom  is  called  general  parliamentary 
law.  This  is  implied  from  its  very  exist- 
ence, since  no  action  can  be  taken  without 
some  rules,  and  special  rules  can  not  be  had 
without  parliamentary  action.  In  a  word, 
a  lawful  assembly  met  to  express  an  opinion 
or  do  an  act  must  have  some  order  of  pro- 
ceeding, and  the  system  which  we  call 
parliamentary  law,  having  grown  out  of 
the  necessities  of  the  case  and  having  been 
universally  acquiesced  in,  has  become  the 
governing  law  of  such  assemblies,  con- 
fidently appealed  to  by  each  member. 
Where  special  exigencies  require  it  these 
unwritten  rules  are  supplemented  by 
Special  Rules  just  as  the  common  law  is 
supplemented  by  statutes.  Where  the 


§  2  PRELIMINARY   PROPOSITIONS.  1? 

special  rules  do  not  modify,  change,  or  ob- 
literate any  rule  of  general  parliamentary 
law,  that  rule  still  governs  just  as  the 
common  law  controls  where  the  statute 
has  not  modified  it. 

2.  Nature  of  Assemblies. — Assemblies 
differ,  not  only  in  their  character  as  legal 
or  voluntary,  but  also  in  the  nature  of  the 
right  of  membership.      Some  require  an 
elaborate  organization.      Others  are  best 
served  by  the  simplest  methods. 

3.  Voluntary  Assemblies. — An  assem- 
bly may  be  a  voluntary  one,  called  together 
by  those  interested,  and  of  which  any  one 
who  comes   and  who  answers  to   the  de- 
scription of   those  called,  can  be  a  mem- 
ber.    Political  mass  meetings,  meetings  to 
express  the  opinions  of  citizens,  and  meet- 
ings to  form  associations,  are  of  this  class. 

4.  Legislative  and  Constituent  As- 
semblies.— An  assembly  may  be  one  con- 
stituted by  law,  and  those  only  can  be 
members  who  are  chosen  or  appointed  by 
law,  or  who  by  virtue  of  credentials  seem 
to   be    so    chosen    or   appointed.     Consti- 
tutional   conventions,     legislatures,     and 
municipal  councils  are  examples  of  this 
kind  of  assembly. 

9 


18  PARLIAMENTARY   RULES.  §  5 

Other  assemblies  are  constituted  under 
a  call  by  competent  authority  without 
special  warrant  of  law,  though  under  its 
sanction,  in  such  a  way  that  each  member 
of  them,  though  chosen  by  a  voluntary 
assembly,  must  present  credentials  in  order 
to  prove  himself  a  member.  Political  con- 
ventions to  make  nominations  are  examples 
of  this  sort  of  assembly. 

5.  Adaptation  of  Organization  to  the 
Assembly. — It  is  evident  from  the  nature 
of  the  case  that  these  different  kinds  of  as- 
semblies require  different  kinds  of  organ- 
ization, not  different  in  character,  but  in 
extent.     Those    assemblies   the   member- 
ship of  which  can  not  be  in  dispute,  and 
the  purposes  of  which  are  neither  numer- 
ous nor  complicated,  can  organize  perma- 
nently  at    once,   and    need    only  a  very 
simple  system. 

6.  Those  assemblies  the  membership  of 
which  may  be  in  dispute,  and  in  which  in- 
dividuals have  no  right  to  participate  with- 
out credentials,  can  not,  it  is  obvious,  fully 
organize  until  the  preliminary  question  of 
membership  is  settled.     Such  a  question 
is  too  vital  to  be  postponed,  and  the  results 


§  7  .PRELIMINARY    PROPOSITIONS.  19 

of  a  convention  or  a  legislature  are  too 
deeply  affected  by  the  organization  foi 
that  to  take  final  shape  until  the  question 
of  membership  is  settled. 

In  bodies  constituted  by  law,  that  chaotic 
moment  when  the  assembly  meets  and 
does  not  yet  know  its  membership  has 
been  fraught  with  so  much  disorder,  con- 
fusion, and  discord  that  there  is  usually 
some  method  pointed  out  by  statute  for 
the  preliminary  examination  of  credentials. 

7.  In  the  House  of  Representatives  the 
Clerk  of  the  preceding  House  makes  up 
the  list  of  members,  which  list  is  regarded 
as  conclusive  for  the  time  being,  and  at 
once  the  House  called  to  order  by  him  pro- 
ceeds to  permanent  organization.  Until 
the  Speaker  is  chosen  this  Clerk  presides. 

So  important  is  the  initiative  of  organ- 
ization, and  so  dangerous  is  the  situation 
considered,  that  various  expedients  have 
been  adopted  for  legislative  bodies  in  va- 
rious countries.  We  have  already  stated 
that  adopted  in  this  country  in  regard  to 
the  House  of  Representatives.  In  France 
the  Chamber  of  Deputies  is  organized  by 
the  oldest  member  taking  the  chair,  with 


20  PARLIAMENTARY   RULES.  .  §  8 

the  six  youngest  members  as  secretaries. 
The  secretaries  act  until  the  permanent 
organization,  but  the  presiding  officer,  who 
takes  the  chair  by  virtue  of  his  age,  retains 
it  only  so  long'  as  is  necessary  to  choose  a 
temporary  president  and  two  temporary 
vice-presidents.  The  temporary  president 
is  then  installed,  and  the  assembly  pro- 
ceeds to  ascertain  who  are  members.  When 
the  membership  is  ascertained,  then  the 
permanent  organization  is  made. 

In  Italy  the  chair  is  taken  by  the  earliest 
named  vice-president  of  the  preceding 
session,  or,  if  there  be  none  of  that  session 
present,  then  by  the  one  present  of  the 
session  least  remote.  If  there  are  none  of 
any  session  then  the  oldest  member  acts. 

By  the  provisions  of  the  constitution  of 
Rhode  Island,  "  the  senior  member  from 
the  town  of  Newport "  is  temporary  presi- 
dent of  the  popular  branch. 

8.  Where  no  provision  of  constitution  or 
statute  exists,  and  in  bodies  voluntary  in 
their  origin,  but  requiring  credentials  to 
entitle  those  proposing  to  act  to  member- 
ship, a  preliminary  or  temporary  organiza- 
tion is  first  had,  and  immediately  the  ere- 


§  9  QUORUM.  21 

dentials  are  examined,  usually  by  the  aid 
of  a  committee,  whose  judgment  is  sub- 
mitted to  the  assembly  and  passed  upon 
by  it.  The  permanent  organization  is  then 
made. 

Quorum. 

9.  Definition.  —  The  quorum  of  an  as- 
sembly is   that  number  which   must   be 
present  to  constitute  the  assembly  a  body 
competent  to  transact  business  legally. 

10.  Number  Necessary.— There  is  no 
definite  rule  applicable  to  all  cases.     It  is 
commonly  stated  that  in  the  absence  of 
special  regulations,  either   constitutional, 
legal,  or  by  order  of  the  assembly  itself,  a 
majority  of  the  members  is  necessary  to 
make  a  quorum.     This  statement  is  inac- 
curate.   In  some  assemblies  whoever  comes 
is  authorized  to  act  and  bind  all  the  others. 
In  other  assemblies  the  quorum  is  a  major- 
ity, and  in  still  other  cases  all  must  be 
present. 

11.  Assemblies  Which  Do  Not  Re- 
quire a  Quorum. —  Assemblies  which  act 
on  their  own  responsibilities,  and   which 
are  not  representative  or  judicial,  do  not 


22  PARLIAMENTARY    RULES.  §  12 

require  any  quorum.  Town  meetings  in 
New  England,  stockholders'  meetings,  and 
voluntary  meetings  generally  are  of  this 
class. 

12.  Assemblies    Which    Require    a 
Majority. — Where  the  body  is  a  repre- 
sentative one,  performing  the  functions  of 
government  for  a  constituency,  or  a  finan- 
cial  one,  managing  the  business  of   the 
corporation  which  selected  it,  the  quorum 
is  a  majority,  and  can  neither  be  increased 
nor  diminished  by  the  vote  of  the  body 
City  councils  and  boards  of  directors  are 
of  this  class. 

13.  Cases  Where  All  Must  Be  Pres- 
ent.— Where  the  body  is  appointed  by  law, 
or  by  virtue  of  law,  to  perform   a   single 
act,  or  a  series,  of  acts  relating  to  a  single 
subject,  which   requires   the    exercise    of 
judgment  and  discretion,  the  whole  board 
constitutes    the    quorum.     All    must    be 
present  and  deliberate,  but  the  majority 
is  competent  to  act.     Referees  are  of  this 
class, 

14.  In  most  public  bodies  the  number 
necessary  to  make  a  quorum  is  fixed  by 
the  constitution  or  by  statute.     In  volun- 


§  15  QUORUM.  23 

tary  bodies  it  may  be  fixed  by  the  body 
itself. 

15.  The  Presence  Only  of  a  Quorum 
Required. —  The  quorum  required  to  con- 
stitute an  assembly  and  render  it  compe- 
tent to  transact  business  is  a  present  quorum 
and  not  a  voting  quorum.     In  all  cases,  if 
the  number  necessary  to  make  a  quorum 
is  present,  it  makes  no  difference  how  many 
or  how   few   actually  participate   in   the 
decision.    Those  who  sit  silent  are  regarded 
as  consenting  to  the  result.     Such  was  the 
recent    decision    of    the    United    States 
Supreme   Court,  which   decision   was    in 
accord  with  every  decision  of  every  State 
Supreme   Court  which    has   ever  passed 
upon  the  question. 

In  strictness  a  chairman  ought  not  to 
take  the  chair  until  after  the  appearance  of 
a  quorum,  but  in  practice  in  this  country 
he  always  does;  and  until  a  member  from 
the  floor  or  the  presiding  officer  raises  the 
question  of  quorum  a  quorum  is  always 
supposed  to  be  present. 

16.  Practice  in  the  House  of  Repre- 
sentatives.— Under  the  rules  of  the  Unit- 
ed States  House  of  Representatives  the 


24  PARLIAMENTARY    RULES.  §  16 

Speaker  takes  the  chair  at  the  hour  indi- 
cated by  the  rules  or  by  the  special  order 
of  the  House,  and,  "  upon  the  appearance 
of  a  quorum,"  proceeds  to  lay  before  the 
House  the  business  in  order.  In  practice, 
notwithstanding  this  rule,  the  business 
begins  as  soon  as  the  Speaker  takes  the 
chair,  a  quorum  being  presumed  to  be 
present,  and  continues  until  the  sugges- 
tion of  no  quorum  is  made. 

Notwithstanding  the  decision  of  the 
United  States  Supreme  Court  already 
mentioned,  the  Fifty-second  Congress  con- 
tinued to  require  a  voting  quorum.  No 
one  who  refused  to  vote  was  regarded  as 
present,  however  visible  or  vociferous  he 
might  be.  In  the  Fifty-first  Congress  a 
constitutional  quorum,  that  is,  a  "  present 
quorum,"  was  required,  which  practice 
was  pronounced  legal  by  the  Supreme 
Court.  (See  note,  page  217.) 

In  the  French  Chamber,  where  a  major- 
ity is  a  quorum,  it  was  decided  in  1878  by 
President  Gr<§vy  that  the  presence  and  not 
the  participation  in  the  vote  of  267  mem- 
bers is  necessary  for  the  validity  of  the 
votes  of  the  Chamber  of  Deputies, 


§  1?  QUORUM.  25 

17.  Is  a  Quorum  Required  During 
Debate?  —  While  it  is  settled  that  no  con- 
clusion can  be  arrived  at,  no  decision 
made  by  a  parliamentary  body  unless  the 
quorum  be  present,  it  has  not  yet  been 
authoritatively  and  definitely  decided  in 
the  House  of  Representatives  that  the 
presence  of  a  quorum  is  absolutely 
necessary  during  a  debate.  In  the  House 
of  Commons,  where  forty  constitutes  a 
quorum,  a  member  speaking-  may  be  taken 
off  his  feet  on  a  suggestion  to  the  Speaker 
that  there  is  no  quorum.  The  Speaker 
then,  after  a  short  interval,  and  after  caus- 
ing bells  to  be  sounded  in  the  lobby, 
counts  the  members  in  sight,  even  those 
whom  he  can  see  approaching  through  the 
open  doors,  and  if  forty  can  be  counted  the 
speech  may  go  on;  if  not,  the  House  is 
adjourned  and  the  member  speaking  is 
said  to  be  "  counted  out,"  which  u  count- 
ing out "  is  not  regarded  as  flattering. 

Reason  and  analogy  would  seem  to  be 
on  the  side  of  the  English  practice,  which 
is  also  the  practice  of  the  Senate,  but 
where  so  large  a  quorum  as  a  majority  is 
required,  and  where  the  body  is  numerous, 


26  PARLIAMENTARY    RULES.  §  18 

there  would  be  much  inconvenience  caused 
by  insisting  on  the  requirement.  In  the 
French  Chamber  a  quorum  is  not  nec- 
essary for  debate. 

18.  Quorum    in    Committee    of    the 
Whole. — The  quorum  of  the  Committee 
of   the  Whole   is   a  majority,  unless   the 
assembly  should  otherwise  determine.    As 
the  Committee  of  the  Whole  is  the  creat- 
ure of  the  assembly,  its  instrument   and 
means   of  work,  and   is   merely  advisory 
in  its  action,  any  number  may  constitute 
a  quorum  at  the  pleasure  of  the  assembly. 

19.  Practical  Application  of  the  Doc- 
trine   of  Quorum. — A   quorum    is    pre- 
sumed to  be  present,  even  if  the  vote  does 
not  indicate   it,  if  no  member  raises  the 
question.     In  practice,  in  large  continuous 
assemblies,  the   majority   of    members    a 
great  part  of  the  time  neither  audibly  nor 
visibly  vote,  being  content  to  assent  pas- 
sively to  the  result. 

20.  Adjournment,    a    Quorum     Not 
Being    Present. —  If  a  quorum  be   not 
present,  and  that  fact  is  ascertained  by  a 
count  by  the  Chair,  or  in  any  other  way 
previously  determined  by  the  assembly, 


§  21  QUORUM.  27 

the  assembly  must  adjourn,  unless  it 
remains  in  session  to  compel  attendance. 
If  no  time  has  been  fixed  for  the  next 
meeting,  the  assembly,  even  if  there  be 
no  quorum,  may  fix  the  time.  Otherwise 
an  adjournment  would  be  a  dissolution. 

21.  Effect  of  No  Quorum  in  the  House 
of  Representatives.  —  In  the  House  of 
Representatives  the  lack  of  a  quorum 
does  not  of  itself  adjourn  the  House, 
because  under  the  Constitution  a  smaller 
number  may  be  authorized  to  compel  the 
attendance  of  absent  members.  Under 
the  ordinary  rules  fifteen  members,  includ- 
ing the  Speaker,  if  there  be  one,  may 
determine  to  compel  the  attendance  of 
'  absent  members.  Moreover,  the  Constitu- 
tion expressly  provides  that  a  smaller 
number  than  a  quorum  may  adjourn  from 
day  to  day,  which  takes  from  the  Speaker 
the  power  which  the  English  Speaker  has 
to  declare  the  House  adjourned  on  his  own 
count.  For  the  same  reason,  probably,  the 
rules  of  the  House  provide  that  the 
Speaker  shall  take  the  chair  irrespective 
of  the  question  of  the  presence  of  the 
quorum. 


28  PARLIAMENTARY    RULES.  §22 

2,2.  A    Practical     Suggestion.  —  All 

bodies  which  have  the  power  to  determine 
their  own  quorum  after  organization,  and 
after  the  time  and  place  of  subsequent 
meetings  have  been  fixed,  or  the  method 
of  calling  other  meetings  has  been  deter- 
mined upon,  so  as  to  avoid  double  meet- 
ings, should  reduce  the  quorum,  at  least 
for  ordinary  business,  below  the  majority. 
Such  a  course  will  be  found  much  more 
convenient  and  just  as  safe. 

23.  Rule  of  the  Majority.  —  Unless  by 
organic  law  or  by  virtue  of  rules  adopted 
by  an  assembly,  the  number  required  for 
an  affirmative  decision  is  increased  above 
a    majority,    the     majority    rules.      The 
general  principle  of  decision  is  the  natural 
one  that  the  majority  shall  govern.     Any 
increase  in  the  requirement  is  of  course  in 
the  interest  of  conservatism. 

24.  Unanimous  Consent.  —  By  unani- 
mous  consent  an  assembly  may  do   any- 
thing which   it   is  competent  to  do,  and 
that  notwithstanding   any  rule   or  regu- 
lation, or  any  provision  of  parliamentary 
law,  to  the  contrary. 


§  25  ORGANIZATION.  29 

25.  Election  of  Officers  by  Plurali- 
ty.— Officers  are  sometimes,  under  a  Spe- 
cial resolution,  elected  by  a   plurality  of 
votes,  as  in  the  case  of  the  election  of  N.  P. 
Banks  as  Speaker  of  the  Thirty-fourth  Con- 
gress.    But  in  this  case  the  action  of  the 
minority  had  the   antecedent  sanction  of 
the  majority;   that  is,   the   majority  had 
voted  that  whenever  any  member  had  a 
plurality  of  votes  he  should  be  Speaker, 
whoever  he  might  be. 

CHAPTER  III. 

Organization. 

26.  The   Object  of   Organization.— 

The  object  which  a  body  of  men  assembled 
together  has  in  view  when  it  organizes  is 
to  provide  itself  with  means  whereby  it 
may  express  its  opinions,  facilitate  and 
control  its  actions,  and  thereby  accomplish 
the  purpose  of  the  meeting.  The  organi- 
zation therefore  should  be  adapted  to  the 
nature  of  the  work  to  be  done. 

27.  Simple  Organization. — Assemblies 
called  together  for  a  single  purpose,  and 


30  PARLIAMENTARY    RULES.  §  27 

intending  to  have  but  a  single  session,  may- 
be organized  in  a  very  simple  way.  In- 
deed, in  practice,  such  assemblies  are  organ- 
ized at  the  will  of  those  who  called  them. 
Some  one  of  those  who  signed  the  call, 
or  some  one  designated  by  them,  at  the 
appointed  time  rises  in  his  place  and  asks 
those  present  to  please  be  in  order.  There- 
upon he  himself  proposes  that  Mr.  A. 
shall  act  as  chairman,  or  he  asks  for  nomi- 
nations for  the  position.  Usually  there  is 
no  question  made,  but  if  there  is,  and  other 
nominations  are  made,  the  question  is  put 
to  the  assembly  by  the  person  who  has 
called  the  assembly  to  order  upon  the  first 
nomination,  and  if  that  be  rejected,  then 
upon  the  second,  and  so  on  until  a  presid- 
ing officer  is  chosen.  The  second  and 
third  and  other  nominations  are  not  in  the 
nature  of  amendments,  and  are  not  entitled 
to  be  put  first.  After  the  presiding  officer 
has  been  chosen,  he  takes  his  place  facing 
the  assembly  and  suggests  the  nomination 
of  a  secretary,  who  is  chosen  in  the  same 
manner  as  the  chairman.  This  is  all  the 
organization  absolutely  necessary.  It  is 
the  custom  to  add  lists  of  vice-presidents 


§  28  ORGANIZATION.  31 

and  to  choose  additional  secretaries.  Such 
an  organization  is  all  that  is  needed  for 
ordinary  voluntary  meetings,  like  mass 
meetings  and  meetings  preliminary  to  the 
formation  of  societies. 

28.  Double  Organization. —  The  sim- 
ple organization  described  above  is  proper 
for  assemblies  where  there  is  no  question 
about  membership,  but  assemblies  which 
are  composed  of  members  who  have  cre- 
dentials and  certificates  of  election,  and 
whose     membership    may    be    contested, 
usually  have   a   double   organization,  the 
first  being  merely  preliminary  in  order  to 
ascertain  the  membership,  and  the  second 
a  permanent  one  made  by  the  members 
for  the  purpose  of  conducting  the  business 
intrusted  to  their  care. 

29.  Double  Organization,  continued. 
Temporary. — This    first    or    temporary 
organization  may  be  made  substantially  as 
described    in    the    paragraph    on   simple 
organizations.     Usually,  however,  there  is 
either  some  officer  holding  over  for  that 
purpose    in    legislative     or    in    religious 
assemblies,    or    some    chairman    of    the 
district,  county,  or  State  committee  who 


32  PARLIAMENTARY   RULES.  §  30 

calls  the  meeting  to  order  and  thus  com- 
mences the  organization.  The  first  duty 
of  the  temporary  organization  is  to 
ascertain  the  membership,  and  that  is  thq 
first  and  only  business  in  order.  This  is 
usually  done  through  a  committee,  who 
examine  the  credentials  and  certificates  of 
election  and  report  to  the  assembly,  and 
when  that  report  is  adopted  the  assembly 
is  ready  for  its  permanent  organization. 

30.  Double  Organization,  continued. 
Permanent. —  The     permanent     organi- 
zation   may  be   made  by   a  vote   of    the 
assembly  declaring  the  temporary  organ- 
ization  permanent,  or  the  assembly  may 
proceed  to  the  selection  of  other  officers. 
This  selection  may  be  made  by  nomination 
and  election,  by  resolution,  or,  which  is  the 
most  usual  course,  on  the  report  of  a  com- 
mittee on  permanent  organization. 

31.  Legislative  Bodies:  United  States 
House  of  Representatives. — It  would  be 
impossible  within  the  limits  of  this  book 
to  describe  the  different  methods  of  organ- 
ization of  legislative  bodies  which  prevail 
in  the  different  States,  since  the  methods 
are  various.     A  description,  however,  of 


§  31  ORGANIZATION.  33 

the  organization  of  the  United  States 
House  of  Representatives  will  give  a  very 
good  idea  of  the  general  plan  adopted. 

The  Clerk  of  the  preceding  House  is 
required  by  statute  to  make  up  a  list  of 
the  members-elect  of  the  new  House,  and 
the  certificate  of  election  of  each  member 
is  sent  by  the  member  to  him.  He  then 
makes  up  the  list  of  members,  deciding  the 
question  of  membership  according  to  his 
judgment  of  the  law  and  the  evidence  in 
each  case  where  there  is  a  dispute.  On 
the  first  Monday  in  December,  if  no 
special  session  is  called,  he  presents 
himself  in  the  hall  of  the  House,  at  the 
Clerk's  desk,  and  at  12  o'clock,  noon,  calls 
the  members  to  order.  He  then  causes  to 
be  read  the  list  prepared,  and  each  member 
present  answers  as  his  name  is  called. 
After  the  roll-call  is  finished,  if  a  quorum 
is  present,  the  Clerk  announces  that  the 
first  business  is  the  election  of  a  Speaker, 
and  asks  for  nominations.  Each  party 
then,  by  one  of  its  members,  nominates  its 
candidate,  and  the  Clerk  requests  four 
members  to  act  as  tellers.  The  roll  is  then 
called,  each  member  announcing  viva  voce^ 
8 


34  PARLIAMENTARY    RULES.  §31 

as  his  name  is  called,  his  preference.  The 
tellers  then  announce  the  result  to  the 
Clerk,  and  the  Clerk  to  the  House.  If  no 
candidate  has  received  a  majority,  the  roll 
is  again  called.  If  a  Speaker  has  been 
chosen,  the  Clerk  announces  that  fact  and 
requests  two  members,  one  of  each  party, 
to  conduct  the  Speaker  to  the  chair. 

Upon  taking  the  chair  the  Speaker,  after 
a  short  address  of  thanks,  announces  that 
he  is  ready  to  take  the  oath.  Thereupon 
he  has  the  oath  administered  to  him  by 
the  member  oldest  in  consecutive  service. 
The  Speaker  then  administers  to  the  mem- 
bers the  oath  of  office.  The  oath  is 
administered  to  as  many  at  a  time  as  can 
conveniently  stand  in  the  open  space  in 
front  of  the  Speaker's  desk.  After  the 
members  have  taken  the  oath  the  Clerk 
and  other  officers  are  elected,  usually  by 
resolution,  which  can  be  amended.  After 
the  organization  has  been  completed  by 
the  choice  of  all  the  officers,  the  House,  by 
vote,  notifies  the  Senate  of  its  organization 
by  message  delivered  by  the  Clerk.  When 
the  Senate  has  been  organized  the  House 
and  Senate,  by  a  joint  committee,  notify 


§  32          OFFICERS    AND    THEIR    DUTIES.  35 

the  President  that  both  houses  are  ready 
to  proceed  to  business. 


CHAPTER  IV. 

Necessary  Officers  and    Their 
Duties. 

32.  Presiding  Officer. — The  first  officer 
to  be  chosen  is  the  presiding  officer.      In 
New  England  town  meetings  and  in  relig- 
ious assemblies  he  is  called  the  moderator. 
In  the  popular  branches  of  legislatures  he 
is  usually  called  Speaker.      In  ^senatorial 
bodies,  conventions,  and  the  lilfe^rpsident; 
and  in  other  assemblies,  and  in  ^i^mittees, 
Chairman.     He   is  in   this   coufefy   inva- 
riably addressed  by  his  title.     In  tij& "Souse 
of  Commons  the  chairman  of  Ijaj^and 
Means   is   addressed    byr  his  nanjjejj;*  Mr. 
Courtney,"  "Mr.  Mellor." 

33.  Qualifications.  — The  presiding  offi- 
cer, especially  if  any  complicated  business 
is  to  be  transacted,  should  be  a  man  of  good 
presence,  good  voice,  of  much    firmness, 
and  good  temper.     He  should  have  knowl- 


36  PARLIAMENTARY    RULES.  §34 

edge  of  parliamentary  law,  and  sufficient 
good  sense  to  enable  him  to  know  when  to 
press  a  rule  and  when  to  let  common  con- 
sent have  its  way.  The  conduct  of  an 
assembly  depends  much  more  upon  the 
conduct  of  the  chairman  than  upon  any 
other  condition,  or  perhaps  all  other  con- 
ditions combined.  The  more  intelligent 
the  assembly  the  worse  it  may  act  under 
a  bad  presiding  officer. 

34.  Duties. —  It  is  needless  to  say  that 
the  duties  herein  enumerated  do  not  all 
devolve  upon  every  presiding  officer,  nor 
do  those  hereafter  enumerated  as  the 
duties  of  a  recording  officer  fall  upon  every 
clerk  or  secretary.  How  many  devolve 
upon  either  depends  on  the  nature  of  the 
assembly. 

It  is  the  duty  of  the  presiding  officer: 

To  call  the  assembly  to  order  at  the  time 
appointed  for  the  meeting. 

To  ascertain  the  presence  of  a  quorum. 

To  cause  the  journal  or  minutes  of  the 
preceding  meeting  to  be  read  and  passed 
upon  by  the  assembly. 

To  lay  before  the  assembly  its  business 
in  the  order  indicated  by  the  rules. 


§  34         OFFICERS    AND    THEIR    DUTIES.  37 

To  receive  any  propositions  made  by 
members  and  put  them  to  the  assembly. 

To  divide  the  assembly  on  questions 
submitted  by  him  and  to  announce  the 
result. 

To  decide  all  questions  of  order,  subject 
to  an  appeal  to  the  assembly.* 

To  preserve  order  and  decorum  in  de- 
bate and  at  all  other  times. 

To  enforce  such  of  the  rules  of  the  as- 
sembly as  are  not  placed  in  charge  of  other 
officers,  or  of  which  the  enforcement  is  not 
reserved  by  the  assembly. 

To  answer  all  parliamentary  inquiries 
and  give  information  as  to  the  parlia- 
mentary effect  of  proposed  acts  of  the 
assembly,  f 

*  There  is  no  appeal  from  the  decision  of  the 
Speaker  in  the  House  of  Commons. 

f  Parliamentary  inquiries  occupy  a  peculiar 
position.  They  are  of  the  nature  of  privileged 
motions,  and  are  indulged  in  at  the  pleasure  of  the 
presiding  officer  to  enable  the  assembly  to  under- 
stand the  effect  of  the  proposed  action.  The  pre- 
siding officer  always  answers  them,  unless  the 
answer  would  anticipate  the  decision  of  a  point  of 
order  which  he  may  prefer  to  have  discussed  before 
deciding. 


38  PARLIAMENTARY    RULES.  §  35 

To  present  to  the  assembly  all  messages 
from  coordinate  branches,  and  all  proper 
communications. 

To  sign  and  authenticate  all  the  acts  of 
the  assembly,  all  its  resolves  and  votes. 

To  name  a  member  to  take  his  place 
until  adjournment  of  the  meeting. 

And  in  general 

To  act  as  the  organ  of  the  assembly,  and 
as  its  representative,  subject  always  to  its 
will. 

35.  Points  of  Behavior. —  The  presid- 
ing  officer  should  treat   all  members  as 
equals  of  each  other  and  of  himself,  and 
should  decline  all  personal  disputes. 

He  should  rise  when  ptitting  a  question 
to  the  assembly,  and  also  when  addressing 
the  assembly. 

He  may,  while  sitting,  recognize  a  mem- 
ber for  the  purpose  of  giving  him  the  floor. 

He  may  also  sit  while  reading  to  the 
assembly  any  communication. 

36.  Power  of  Assembly  Over  Presid- 
ing Officer. —  A  presiding  officer  elected 
by  an  assembly  may  be  removed  by  the 
assembly  whenever  such  a  course  seems 
suitable  to  the  body. 


§37          OFFICERS   AND   THEIR   DUTIES.  39 

37.  Substitute  Officers. — It  very  fre- 
quently happens  that  the  assembly  itself 
designates  the  members  whom  it  desires 
to  take  the  chair  whenever  the  chairman 
for  any  reason  is  obliged  to  leave  it.    Such 
substitute   officers,  whether  called   Presi- 
dent pro  tempore  as  in  the  United  States 
Senate,  Deputy  Speaker  as  in 'the  House 
of  Commons,  or  Deputy  Chairman,  take 
the    chair  whenever    the    circumstances 
require  it. 

38.  Appointed  by  the  Chain — The  ap- 
pointment of  a  member  by  the  Chair  to 
act  in  his  place  is  always  limited  in  point 
of  time  by  the  adjournment  of  the  meeting 
at  which  the  appointment  is  made,  and  is 
always  subject  to  the  action  of  the  assem- 
bly.    The  assembly  can  at  all  times  con- 
trol  the  occupancy  of  the  chair.     When 
the    presiding    officer    is   absent,  and   no 
appointment  has  been  made,  the  clerk  calls 
to  order,  and  then,  on  nomination  from  the 
floor,    a    temporary    presiding    officer    is 
chosen. 

39.  In  the  House  of  Representatives  the 
Speaker  has  the  right  to  name  any  member 
to  perform  the  duties  of  the  chair,  but  such 


40  PARLIAMENTARY    RULES.  §  40 

substitution  can  not  extend  beyond  an 
adjournment;  but  in  case  of  his  illness  he 
may  appoint  for  not  more  than  ten  days, 
with  the  approval  of  the  House  at  the  time 
the  appointment  is  made.  Under  the 
practice  of  the  House  these  appointments 
may  be  made  in  writing. 

40.  Right  to  Debate. — Where  the  pre- 
siding officer  is  a  member  of  the  assembly, 
his  right  to  participate  like  other  members 
in  the  debates  and  in  the  action  of  the 
body  admits  of  no  question.  That  he 
should  not  participate  in  the  debates, 
except  on  very  extraordinary  occasions,  is 
equally  beyond  question.  A  presiding 
officer,  to  be  efficient,  must  not  only  be 
impartial  as  between  individuals,  but  must 
appear  so.  His  influence  and  control  of 
the  assembly  largely  depends  upon  this. 
While  he  occupies  the  chair  all  its  influ- 
ences tend  to  keep  him  in  the  judicial  frame 
of  mind.  Few  men  are  so  one-sided  that 
a  short  season  on  the  bench  does  not  con- 
vert them  to  impartiality.  It  is  so  with 
the  chair  of  an  assembly.  Participation 
in  the  rough  and  tumble  of  debate  has 
just  the  opposite  tendency.  Debate  very 


§41         OFFICERS   AND    THEIR   DUTIES.  41 

often  produces  harsh  feelings,  gives  rise 
to  sharp  expressions,  and  even  to  personal 
enmities.  None  of  these  things  add  to 
individual  respect  or  esteem.  In  addition, 
the  position  of  presiding  officer  is  one  of 
great  power.  He  can  not,  when  he  descends 
to  the  floor,  divest  himself  of  his  power  and 
influence  as  representative  of  the  whole 
body.  It  seems  hardly  fair  that  this 
should  be  thrown  into  the  debate. 

These  considerations  have  in  the  course 
of  time  proved  so  potent  that  a  presiding 
officer  rarely  takes  the  floor,  and  seldom 
votes  except  to  take  his  share  of  responsi- 
bility on  great  occasions,  and  to  give  the 
casting  vcte.  Nevertheless,  there  are  occa- 
sions when  the  occupant  of  the  chair  may 
properly  take  the  floor,  and  of  these  occa- 
sions he  must  be  the  sole  judge,  having  in 
view  all  the  considerations. 

41.  Clerk. —  The  next  officer  needed  is 
the  clerk,  sometimes  also  called  the  secre- 
tary, and  sometimes  the  recorder.  He  may 
be  chosen  after  nomination  by  viva  voce 
vote,  or  by  resolution,  or  by  ballot.  If  but 
one  clerk  is  chosen,  and  he  is  at  any  time 
absent,  his  place  must  at  once  be  filled, 


42  PARLIAMENTARY    RULES.  §42 

since  the  assembly  can  not  be  said  to  be 
organized  without  a  Clerk  and  a  Speaker, 
and  an  assembly  must  not  only  be  organ- 
ized, but  must  stay  organized. 

42.  Qualifications. —  The  clerk  should 
have  some    knowledge  of   parliamentary 
law,  should  be  careful,  observant,  and  at- 
tentive  to  his   duties.     Either  he   or  his 
assistant  should  be  a  good  reader,  with  a 
clear  voice,  capable  of  being  heard  in  all 
parts  of  the  place  of  meeting,  even  where 
there  is  considerable  confusion.    Too  much 
stress  can  not  be  laid  upon  this  qualifica- 
tion,  since  bad   reading,   ill    understood, 
breeds  confusion,  disorder,  and  misunder- 
standing.    He  should  also  be  able  to  ex- 
press himself  accurately  in  writing. 

43.  Duties. —  It  is  the  duty  of  the  re- 
cording officer: 

To  read  all  papers  the  reading  of  which 
is  demanded  by  the  presiding  officer,  the 
assembly,  or  its  rules. 

To  prepare  and  keep  an  accurate  list  of 
members. 

To  call  the  roll  whenever  the  yeas  and 
nays  are  ordered,  or  when  the  presence  of 
members  is  to  be  determined  by  that 


§44         OFFICERS   AND    THEIR   DUTIES.  43 

method,  to  note  the  responses,  and  to  com- 
municate the  result  to  the  presiding  officer. 

These  duties  are  to  be  performed  stand- 
ing. 

To  take  down  motions  as  fast  as  pre- 
sented to  the  Chair,  and,  in  general,  keep 
such  a  temporary  record  of  what  is  taking 
place  as  will  enable  the  chairman  to  keep 
the  business  in  orderly  condition. 

To  preserve  on  file  all  documents  and 
papers  which  belong  to  the  assembly,  or 
which  are  made  part  of  the  proceedings. 

To  authenticate  by  his  signature,  either 
alone  or  jointly  with  the  presiding  officer, 
all  acts,  resolves,  and  proceedings  of  the 
assembly,  except  where  by  law  other  au- 
thentication is  required. 

To  note  and  furnish  to  the  chairman  of 
each  committee  a  correct  list  of  its  mem- 
bers. 

To  notify  committees  of  all  business 
referred  to  them,  and  to  send  them  all 
papers  laid  before  the  assembly  relating  to 
such  business. 

To  keep  a  journal,  or  minutes,  of  each 
meeting. 

44.   Substitute  Clerk. —  Where  several 


44  PARLIAMENTARY    RULES.  §  45 

clerks,  or  secretaries,  are  chosen,  the  first 
selected,  or  the  first  on  the  list  when  they 
are  chosen  altogether,  is  considered  the 
chief.  In  his  absence  the  next  in  order 
acts  in  his  place.  Where  only  one  is  chosen, 
and  he  is  absent,  his  place  must  be  filled  at 
once  by  a  clerk  chosen  to  replace  him 
temporarily  or  permanently  as  may  be 
needed. 

45.  Right   to    Debate   and  Vote.- 
Where  the  recording  officer  is  a  member  of 
the  assembly  he  has  the  right  to  debate  and 
to  vote  and  to  participate  in  the  proceed- 
ings in  all  ways  not  inconsistent  with  the 
duties  of  his  office,  which  he  must  perform 
or  resign. 

46.  The  Journal,  or  Minutes. —  The 
journal  of  a  representative  body  should  or- 
dinarily confine  itself  to  what  has   been 
done.     What  has  been  proposed   but  not 
regularly  presented   or   acted   upon,  and 
what  has   been   said   which    has    not  re- 
sulted in  any  act,  either  of  indorsement 
or  rejection,  has  no  place  in  the  journal 
of  a  deliberative  body.     Such  is  the  strict 
rule,  and  should  always  be  followed  where 
the  object  is  to  furnish  a  legal  record. 


§47         OFFICERS   AND    THEIR   DUTIES.  45 

The  minutes,  however,  of  an  assembly 
not  legislative  in  its  character  may  have 
an  object  beyond  the  mere  record  of  things 
done.  To  the  constituency  to  which  they 
are  addressed,  as  in  the  case  of  religious 
convocations  and  political  assemblies,  what 
was  said  may  be  as  important  as  what  was 
done.  In  that  case  the  minutes  very 
properly  become  more  full  and  extensive, 
partaking  of  the  nature  of  a  report  and 
recording  expressions  of  opinion  and  re- 
marks, as  well  as  the  mere  action  of  the 
assembly. 

This  difference,  however,  regulates  it- 
self by  adaptation  to  the  needs  of  each  as- 
sembly. With  the  extended  newspaper 
reports  of  modern  times,  very  full  minutes 
are  not  as  much  needed  as  formerly  for 
purposes  of  information. 

47.  Other  Officers. — A  presiding  and  a 
recording  officer  are  all  that  are  strictly 
needed  for  a  parliamentary  organization 
as  such,  but  as  the  comfort  of  the  assembly 
is  of  importance,  other  officers  are  usually 
selected,  such  as  a  sergeant-at-arms  to 
assist  the  chairman  in  maintaining  order, 
and  in  the  United  States  House  of  Repre- 


46  PARLIAMENTARY    RULES.  §  48 

sentatives  to  act  as  a  paymaster,  a  treasurer 
to  receive  and  pay  out  money,  a  post- 
master to  have  charge  of  the  mails,  and  a 
door-keeper  to  prevent  intrusions  upon  the 
assembly.  All  these  officers  are  chosen 
by  the  assembly  in  the  various  ways 
already  described,  or  may  be  appointed  by 
the  chairman  at  the  will  of  the  body. 
Their  duties  are  not  fixed  by  parliament- 
ary law,  but  by  the  regulations  of  the 
assembly. 

CHAPTER  V. 

Rights  and  Duties  of  Members. 

The  rights  and  duties  of  members  are 
easy  to  state,  but  most  difficult  to  enforce. 

48.  Rights  of  Members.— The  rights  of 
each  member  are  based  upon  the  doctrine 
of  his  equality  with  every  other  member. 
He  has  therefore  the  right  to  present  his 
propositions  and  to  debate  them  fully. 
But  as  the  right  of  each  member  leaves  off 
where  the  rights  of  others  begin  there, 
must  be  much  mutual  forbearance  between 
each  member  and  the  assembly.  Each 


RIGHTS  AND  DUTIES  OF  MEMBERS.        4? 

member  has  a  right  to  demand  that  the 
assembly  be  in  order,  and  may  rise  to 
demand  the  same.  He  may  also  interrupt 
a  member  not  in  order,  but  he  must  exer- 
cise his  rights  in  such  a  manner  as  not  to 
increase  the  disorder. 

49.  Duties  of  Members. — The  duties  of 
each  member  are  based  upon  the  consider- 
ations which  arise  from  his  being  a  com- 
ponent part  of  the  assembly,  which  desires 
to  act  together  and  which,  in  order  to  act 
together,  must  come  to  some  agreement. 

The  member  must  maintain  order  and 
refrain  from  conversation. 

He  should  not  engage  in  any  other  busi- 
ness than  that  before  the  meeting.  He 
should  not  walk  between  the  member  who 
has  the  floor  and  the  presiding  officer.  He 
should  not  interrupt  the  member  speaking 
except  by  his  consent.  It  seems  superflu- 
ous to  say  that  he  should  not  wear  his  hat, 
or  put  his  feet  on  the  desk,  or  smoke,  for 
in  all  ways  the  member  of  an  assembly 
should  act  properly. 

He  should  not  use  injurious  expressions. 

He  should  not  make  use  of  even  proper 
parliamentary  motions  to  create  discord  or 


48  PARLIAMENTARY    RULES.  §  50 

impede  unreasonably  the  action  of  the 
assembly. 

In  short,  as  the  object  and  purpose  of 
an  assembly  is  to  enable  men  to  act  together 
as  a  body,  each  member  ought  to  so  con- 
duct himself  as  to  facilitate  the  result,  or 
at  least  so  as  not  to  hinder  it. 

50.  It  will  be  seen  that  the  rights  and 
duties  of  members  are  somewhat  difficult 
of  enforcement,  except  by  general  comity. 

Yet  they  should  always  be  borne  in 
mind  and  insisted  on;  for  the  creation  of 
healthy  public  sentiment  in  an  assembly 
is  as  important  for  its  success  as  the  ob- 
servance of  the  laws  of  politeness  is  neces- 
sary to  the  comfort  and  well-being  of  a 
community.  Decorum  is  usually  treated 
of  in  connection  with  debate,  but  is  as 
necessary  and  as  much  required  at  other 
times  as  when  discussion  is  going  on. 


51  RULES  AND  ORDERS. 


CHAPTER  VI. 

Rules  and  Orders. 

(See  also  Chap.  XVII.) 

51.  Why  Special  Rules  are  Needed. — 

From  what  has  already  been  said  it  will  be 
seen  that  parliamentary  bodies  differ  so 
much  in  their  nature,  in  the  number  of 
their  members,  and  in  the  functions  which 
they  are  to  perform  that  it  would  be 
impossible  that  they  could  all  be  governed 
with  equal  advantage  by  a  common  system 
of  parliamentary  law.  The  only  system 
which  could  establish  itself  by  common 
consent  would  be  one  which,  while  it  was 
not  perfectly  adapted  to  any  one  assembly, 
yet  could  be  used  by  all,  and  would  be 
that  system  which  could  be  the  easiest 
modified  so  as  to  be  adapted  to  all. 

Hence,  while  the  rules  of  general  par- 
liamentary law  are  perfectly  adapted  to 
simple  ordinary  assemblies,especially  those 
which  are  to  be  convened  for  but  a  short 
time  and  have  but  a  limited  amount  of 
business  to  transact  (and  such  assemblies 

4 


50  PARLIAMENTARY    RULES.  §  52 

need  not  trouble  themselves  about  special 
rules),  assemblies  which  are  to  be  some- 
time in  session  and  which  have  much 
business  to  do,  adopt,  as  soon  as  possible 
after  organization,  rules  specially  adapted 
to  their  needs. 

52.  Alterations  of  Rules.— While  it 
concerns   certain  kinds  of  assemblies  to 
adopt  a  set  of  rules  at  once,  yet  it  is  not  pos- 
sible to  make  such  a  set  of  rules  complete 
and  perfect  at  once.  After  experience  mod- 
ifications are  almost  always  found  to  be 
necessary.     Such  modifications  the  assem- 
bly is  always  competent  to  make.     Such 
changes  can  be  made  by  a  majority.     This 
is  true  even  if  the  rules  already  adopted 
provide  that  two-thirds  or  any  larger  num- 
ber alone  shall  make  changes.     The  assem- 
bly can  not   deprive  itself  of  power  to 
direct  its  method  of  doing  business.     It  is 
like  a  man  promising  himself  that  he  will 
not  change  his  own  mind. 

53.  Suspension  of  Rules. —  Unless  the 
rules  themselves  provide   for  their  own 
suspension    they   can    be    suspended    by 
unanimous  consent  only.     It  is   usual   to 
provide  that  under  certain  circumstances 


§  54  RULES   AND   ORDERS.  51 

and  at  certain  times  two-thirds  may  sus- 
pend the  rules. 

54.  Suspension  of  Rules,  House  of 
Representatives.—  In  the  United  States 
House  of   Representatives   the  rules  can 
be  suspended   by  two-thirds  on  the   first 
and   third   Mondays  of   each   month  and 
during  the  last  six  days  of  a  session.     On 
the  first  Monday  preference  is  to  be  given 
to  individuals  and  on  the  third  Monday  to 
committees.     As  the  power  of  recognition 
to  take  the  floor  rests  with  the  Speaker,  all 
motions   to   suspend   the   rules   are   very 
much  under  his  control.     The  motion  to 
suspend  the  rules  is  not  a  privileged  motion, 
but  depends  upon  the  recognition  of  the 
Speaker.     In  all  sessions  except  the  last, 
which  expires  March  4th,  the  six  days  do 
not  begin  until  House  and  Senate  have 
agreed  upon  a  day  for  final  adjournment. 

55.  Practical  Suggestion. —  If  the  as- 
sembly desiring  to  adopt  a  special  set  of 
rules  is  a  legislative  body  or  a  religious  con- 
vocation, its  committee  to  prepare  rules  will 
undoubtedly  adopt,  with  or  without  modi- 
fication, the  rules  of  its  predecessors,  or  at 
least  make  them  the  basis  of  its  recom- 


52  PARLIAMENTARY   RULES.  §  56 

mendations.  If  no  such  guide  for  the 
assembly  exists  then  the  rules  of  the  pop- 
ular branch  of  the  State  Legislature  will 
afford  the  best  basis,  since  they  are  likely 
to  be  best  known  and  to  accord  best  with 
the  wishes  of  the  members.  (See,  how- 
ever, Chap.  XVII.) 

56.  Government  of  Assemblies  in  the 
Absence   of   Rules. — Where  no  special 
rules  are  adopted  the  assembly  is  governed 
by  general  parliamentary  law,  and  where 
rules  are  adopted  general  parliamentary 
law  governs,  except  where  its  provisions 
are  changed  by  the  rules  themselves. 

57.  General  Parliamentary  Law.—  It 
is  usual  to  say  that  general  parliamentary 
law  is  derived  from  the  practice  of  the 
British  Parliament  as  modified  by  the  par- 
liamentary customs  of  this  country;   but 
the  difference  between  the  system  in  use 
here  and  the  English  system  is  so  great  and 
so  radical  that  it  would  perhaps  be  more 
accurate   to   say   that   American   general 
parliamentary  law,  while  it  acknowledges 
its  English  origin,  rests  upon  the  practice 
of  American  assemblies. 


§  58  COMMITTEES.  53 

CHAPTER  VII. 

Committees. 

58.  Nature  and  Need. — The  committee 
is  the  eye,  and  ear,  and  hand,  and  very  often 
the  brain,  of  the  assembly.     Freed  from 
the  very  great  inconvenience  of  numbers, 
it  can  study  a  question,  obtain  full  infor- 
mation,   and    put    the    proposed    action 
into     proper     shape    for     final     decision. 
The    appointment   of    a   committee    also 
insures  to  the  assembly  the  presence  dur- 
ing   the   debate   of    members  who  have 
made  some  examination  of  the  question, 
and  tends  to  preserve  the  assembly  from 
its  greatest  danger,  that  of  being  carried 
away  by  some  plausible  harangue  which 
excites  feeling,  appeals  to  sentiment  only, 
and  obscures  reason. 

59.  Kinds  of  Committees.—  Ordinary 
committees  are  divided   into   two   kinds, 
standing  and  select,  and  rank  in  the  order 
named.    Standing  committees  are  perma- 
nent;   select   committees  are   temporary. 
There  are  also  joint  committees,  confer- 


64  PARLIAMENTARY    RULES.  §  60 

ence  committees,  and  committees  of  the 
whole. 

60.  Standing  Committees. —  Standing 
committees  can  be  appointed  at  any  time, 
but  are  usually  selected  at  the  beginning 
of  the  session,  and  to  them  are  referred  all 
matters  relating  to  the  subjects  of  which 
they  are  in  control.     Generally  the  rules 
prescribe  the  jurisdiction  of  each  commit- 
tee, but  the  reference  of  each  matter  is 
always  under  the  control  of  the  assembly, 
the  members  of  which,  however,  in  case 
of   a  vote  on  a  reference,  ought  not,  any 
more  than  in  any  other  case,  to  transgress 
their  own  rules. 

61.  Select  Committees.— A  select  com- 
mittee  is  one  chosen  to  take  charge  of  a 
special  subject.     Investigations  are  usually 
conducted  by  special  committees,  though 
the   standing    committees    frequently   do 
this  kind  of  work.     Committees  of  confer- 
ence are  select  committees,  but  are  usually 
made  up  of  members  of  the  standing  com- 
mittee having  charge  of  the  subject. 

62.  Joint     Committees.  —  These    are 
committees  made  up  of  members  of  both 
branches  of    a  legislature,   and    may  be 


§  63  COMMITTEES.  55 

either  standing*  or  select.  In  some  legis- 
latures the  committees  are  joint,  and  the 
preliminary  work  of  legislation  is  sub- 
stantially done  by  joint  committees.  Such 
a  committee  system  has  much  to  commend 
it,  since  one  hearing  does  for  both  branches, 
and  each  knows  the  arguments  and  testi- 
mony presented  to  the  other. 

63.  Conference  Committees. —  A  con- 
ference committee  is  a  committee  ap- 
pointed by  one  branch  to  meet  a  similar 
committee  appointed  by  the  other  branch 
of  the  legislature  where  the  two  bodies 
have  come  to  a  disagreement  as  to  legisla- 
tion. At  the  conference  there  is  an  exami- 
nation and  discussion  of  the  points  of  dif- 
ference, and  an  effort  at  agreement  by 
adopting  the  action  of  one  house  or  the 
other,  either  as  it  stands  or  with  amend- 
ments. Each  conference  committee  is 
composed  of  an  odd  number,  and  the 
majority  should  represent  the  majority  of 
the  body  appointing,  and  be  in  accord  with 
the  action  of  the  body.  To  constitute  such 
an  agreement  as  will  authorize  a  report  to 
the  two  bodies  a  majority  of  each  commit- 
tee must  assent.  The  report  when 


56  PARLIAMENTARY    RULES.  §  64 

is  privileged;  that  is,  is  always  in  order, 
because  of  the  courtesy  due  between  the 
two  houses,  which  are  on  that  subject 
nearer  an  agreement  than  on  any  new 
subject,  and  for  the  furtherance  of  the 
necessary  joint  action.  (See  Sec.  246.) 

64.  Selection  of  Committees. —  Com- 
mittees of  all  kinds  may  be  appointed  in 
several  different  ways: 

By  the  presiding  officer. 

By  resolution. 

By  nomination  and  vote. 

By  ballot. 

The  member  who  makes  the  motion  for 
the  appointment  of  the  committee  is  not 
by  parliamentary  law  entitled  any  more 
than  any  other  member  to  be  the  chair- 
man, or  even  a  member  of  the  committee. 
The  assembly  can  not  be  restricted  in  its 
choice. 

65.  Appointment    by    the    Presiding 
Officer. — The  method  of  selection  of  com- 
mittees most  in  use  in  this  country  is  by 
appointment    by    the    presiding    officer. 
This  is  because  of  the  greater  convenience 
of  this  method,  and  because,  being  chosen 
to  represent  the  assembly  generally,  he  is 


§  66  COMMITTEES.  5? 

supposed  to  best  understand  its  will.  In 
assemblies  which  have  a  presiding  officer 
not  chosen  by  itself,  and  not  a  member  of 
the  body,  there  are  no  reasons  why  the 
appointment  should  be  made  by  him.  In 
the  United  States  Senate,  where  the  per- 
manent presiding  officer  is  not  chosen  by 
the  Senate,  the  committees  are  selected  by 
the  Senate  itself.  In  practice  the  dominant 
party  announces  to  the  minority  the  num- 
ber of  places  they  can  have  on  the  com- 
mittees, and  each  party  selects  its  own 
members  by  the  aid  of  a  nominating 
committee. 

66.  Selection  by  Resolution. — A  com- 
mittee may  also  be  selected  by  a  resolu- 
tion which  creates  the  committee  and  con- 
tains the   names   of  those   of  whom   the 
mover  desires  to  have  it  composed.     Such 
a  resolution  is  subject  to  amendment. 

67.  Selection  by  Vote. — After  it  has 
been  decided  that  the  committee  shall  be 
created,  any  member  may  move  that  any 
other  member,  mentioning  him  by  name, 
be  of  the  committee,  and  after '  all  of  the 
nominations  are  made,  the  presiding  offi- 
cer puts  the  question  on  each  in  the  order 
in  which  each  was  nominated. 


58  PARLIAMENTARY    RULES.  §  68 

68.  Selection  by  Ballot. — Selection  by 
ballot  is  rarely  resorted  to,  because  so  much 
time  is  thereby  consumed;  but  when  re- 
sorted to,  the  committee  may  be  chosen  on 
one  ballot,  or  each  may  be  separately  bal- 
loted for,  as  the  assembly  may  direct. 

69.  Principle  of  Selection. — It  has  been 
said  to  be  the  rule  that  no  one  should  be 
on  the  committee  who  is  not  favorable  to 
the  principle  of  the  bill  or  action  sought 
for.     This  proceeds  upon  the  idea  that  the 
sole  duty  of  a  committee   is   to   get   into 
proper  shape,  by  proper  modifications, what 
has  been  committed  to  it.     In  some  cases 
this  would  be  so,  and  the  committee  should 
be  selected  with  this  in  view;    but  as  a 
general  rule  the  committee,  as  a  whole, 
should    represent   the   assembly,   and   its 
views  as  far  as  they  have  been  developed. 
At  the  same  time  the  committee  in  its  mem- 
bership should  represent,  as  far  as  practi- 
cable, the  different  views  of  the  members 
of  the  assembly.     This  insures  in  the  dis- 
cussion which  follows  the  report  such  a 
full  presentation  of  all  views  as  will  enable 
the   assembly  to  decide  wisely  and  with 
full  knowledge. 


t  70  COMMITTEE    PROCEDURE.  59 


Committee  Procedure. 

70.  Place  and  Time  of  Sitting.— The 

place  and  time  of  sitting  may  be  regulated 
by  the  committee  itself,  unless  the  assem- 
bly gives  directions,  but  the  committee 
can  not  sit  without  leave  during  the  session 
of  the  assembly.  If  the  committee  is  sit- 
ting without  such  leave  when  the  main 
body  resumes  its  session,  the  committee 
is  thereby  adjourned.  If  the  assembly  has 
directed  the  time  and  place  of  meeting 
and  the  meeting  is  not  had  for  any  cause, 
new  directions  must  be  obtained  from  the 
assembly  before  any  further  action;  other- 
wise the  committee  can  not  act. 

71.  Organization.  -  -  The      committee 
usually  has  its  chairman  named  for  it  by 
the  assembly,  but  if  no  chairman  is  des- 
ignated the  committee  may  elect.    Usually 
the  member  first  named  acts  as  chairman, 
but  the  committee  in  the  absence  of  direc- 
tion by  the  assembly  has  control  of  the 
question.     Where  a  clerk  is  not  provided 
the  committee  must  complete  its  organiza- 
tion by  the  choice  of  a  secretar  , 


60  PARLIAMENTARY    RULES.  §  72 

72.  Quorum. —  The  quorum  of  a  com- 
mittee is  a  majority  unless  the 'assembly 
otherwise  directs. 

A  committee  can  of  course  act  by  a  ma- 
jority of  those  present,  a  quorum  being 
present,  but  except  in  cases  where  the 
main  purpose  is  to  give  the  assembly  a 
chance  to  act  it  would  be  unwise  to  be  too 
technical  in  important  cases.  The  report 
of  a  committee  being  merely  advisory,  the 
fact  that  a  majority  of  all  the  members  of 
the  committee,  had  they  been  present, 
would  not  have  been  in  favor  of  the  course 
reported  would  naturally  deprive  it  of 
much  of  its  advisory  force. 

73.  Duties  of  the  Officers.— The  duty 
of  the  chairman  is  to  call  all  meetings,  to 
preside  over  them  when  the  committee  is 
assembled,   to   make    all    reports    to   the 
assembly  when  the  committee  does    not 
otherwise  order.     The  duty  of  the  clerk, 
under   direction   of    the    chairman,   is   to 
notify  members  of  meetings,  and  to  keep 
minutes  of  each  meeting.     It  is  his  duty 
also  to  have  custody  of  all  papers  sent  to 
the  committee,  and  to  transmit  them  to  the 
clerk  of  the  assembly,  when  the  committee 
shall  cease  to  have  them  in  charge. 


§  74  COMMITTEE    PkOCfcbUkE.  01 

74.  Method     of      Procedure.  —  The 

method  of  procedure  in  committee  is  very 
much  the  same  as  in  the  assembly  itself, 
making  allowance  for  the  difference  in 
numbers.  It  would  naturally  be  less 
formal.  When  a  paper,  either  a  bill,  reso- 
lution, or  proposed  legislation  of  any  kind, 
is  referred  to  it,  the  natural  course  is  to 
have  the  whole  paper  read,  so  that  the  proj- 
ect in  its  entirety  may  be  comprehended; 
then  each  paragraph  is  read  separately 
for  observation  or  amendment,  and  then 
the  committee  directs  a  report  to  be  made 
by  some  member,  who  presents  his  report 
to  the  committee,  who  approve  of  it,  and 
thereupon  it  is  by  him  presented  to  the 
assembly.  If  no  other  member  be  desig- 
nated the  duty  to  report  falls  upon  the 
chairman. 

75.  Views  of  the  Minority. — The  ma- 
jority of  members  determine  the  report  of 
the  committee,  and  their  views  constitute 
the   report.     Other    members    sometimes 
desire  to  present  their  views  in  opposition. 
This  they  have  no  right  to  do  except  by 
consent  of  the  assembly.     Such  consent  is, 
however,  rarely  refused. 


62  PARLIAMENTARY    RULES.  §  76 

76.  Proceedings  Continued. —  It  is  not 

usual,  at  the  present  time  at  least,  in  legis- 
lative bodies,  to  send  original  papers  to 
committees  to  be  acted  upon,  but  if  they 
are  so  sent  the  committee  has  no  right  to 
alter  or  amend  by  erasure  or  addition  such 
papers.  All  alterations  must  be  proposed 
on  a  separate  paper,  designating  clearly 
the  changes  to  be  made,  and  the  report  of 
the  committee  should  in  all  cases  make 
such  explanation  as  will  enable  the  assem- 
bly to  clearly  comprehend  the  changes 
proposed  by  the  committee. 

77.  Substitute    Bill. —  Where   changes 
are  numerous  and  otherwise  not  easy  to 
be  understood,  the  best  way  for  a  commit- 
tee to  do  is  to  report  the  bill  or  paper  in  a 
new  draft  as   a  substitute   for  the   paper 
committed.     This   substitute   could    then 
be  regarded  as  an  amendment  or  be  acted 
on  as  an  original   bill,  as  the  committee 
may  determine. 

In  the  House  of  Representatives  the  bill 
reported  as  a  substitute  is  treated  in  the 
House  as  an  original  bill,  and  not  as  an 
amendment  of  the  bill  referred. 

78.  Secret  Meetings. — Unless  the  com- 


§  79  COMMITTEE    PROCEDURE.  63 

mittee  otherwise  directs,  its  meetings  are 
open  to  other  members  of  the  assembly, 
but  the  committee  may,  if  they  so  direct, 
exclude  all  persons  from  their  meetings. 

79.  Procedure  in  Committee  Must  Be 
Had  at  a  Meeting.—  All  action  of  a  com- 
mittee must  be  taken  at  a  regular  meeting 
duly  called,  or  where  all  are  present.  No 
action  can  be  taken  by  members  not  in 
meeting  assembled.  The  consent  of  all, 
individually,  without  a  meeting  will  not 
render  valid  any  action.  It  is  conference, 
and  after  that  consent,  and  not  consent 
alone  which  is  required. 


Action    of    Committee    Before 
the  Assembly. 

80.  Presentation  of  Report.  —  When 
the  member  of  a  committee  charged  with 
the  duty  presents  the  report  of  a  commit- 
tee to  the  assembly  it  is  for  immediate 
action,  unless  the  rules  otherwise  provide. 
If,  however,  anyone  desires  to  raise  the 
question  of  immediate  consideration,  he 
does  so  by  demanding  that  the  question 


64  PARLIAMENTARY    kttLES.  §  81 

be  put  upon  the  reception  of  the  report. 
If  this  motion  be  decided  in  the  negative, 
the  committee  must  wait  a  more  favorable 
season.  If  in  the  affirmative,  then  the 
clerk  reads  it  to  the  assembly,  and  it  be- 
comes the  subject  of  action  like  any  other 
business. 

In  the  House  of  Representatives  a  right 
given  to  a  committee  to  report  at  any  time 
implies  the  right  to  ask  immediate  con- 
sideration, notwithstanding  the  rules. 

81.  Consideration  of  Reports.  —  A 
committee  report  may  be  adopted  as  a 
whole,  and  in  that  event  becomes  the 
action  of  the  assembly,  but  the  reception 
of  a  report  does  not  adopt  it.  It  only  brings 
it  before  the  body  for  adoption,  or  rejec- 
tion or  modification.  Where  not  much 
formality  is  needed,  and  the  assembly  is  in 
accord,  a  simple  motion  to  adopt  the  report 
disposes  of  the  question.  These  remarks 
and  those  in  the  next  paragraph  of  course 
apply  only  to  reports  which  are  themselves 
intended  to  express  the  opinions  of  the 
assembly,  and  not  to  those  reports  which 
are  but  explanation  of  action  advised. 
(See  Sec.  82.) 


§  82  COMMITTEE   PROCEDURE.  65 

82.  Consideration  of  Reports,   con- 
tinued.—  But  where  the  members  of  an 
assembly  desire  modifications,  and  amend- 
ments are  offered,  the  report,  if  the  form 
and  the  language  of  the  report  constitute 
the  real  question,  is  to  be  treated  like  any 
other  question  and  subject  to  the   same 
rules.     It  can  be  amended   and  modified 
and  is  subject  to  all  proper  motions. 

83.  Consideration  of  Reports  Involv- 
ing Action  by  Bill  or  Similar  Proceed- 
ing.— Where  the  report  of  a  committee  is 
merely  explanatory  of  the  bill  or  action 
recommended,  it  is  merely  advisory,  and  Is 
read    solely  for  the    information  of  the 
assembly,  and  action  is  had  on  the  bill  or 
order  which  is  alone  the  subject  of  the 
procedure.     Such  a  report  when  printed 
for  the  assembly  is  not  read. 

84.  Committee   Amendments.  —  The 
amendments  proposed  by  the  committee, 
which  are  usually  explained  by  the  report, 
are  first  to  be  voted  on,  because  they  are 
the  first  proposed  to  the  assembly,  and  are 
in  fact  offered  by  the  assembly  itself,  which 
clothed  the  committee  with  power  to  ex- 
amine the  question. 


66  PARLIAMENTARY    RULES.  §85 

85.  Relation  of  the  Committee  to  the 
Report  After  it  Has  Been  Received- 
After  the  reception  by  the  assembly  of  the 
full  report  of  a  select  committee  on  the 
subject  referred  to  it  the  committee  ceases 
to  exist.  This  is  not  true  where  the  re- 
port is  only  a  partial  one.  A  standing 
committee  after  a  full  report,  while  it  con- 
tinues to  exist,  has  no  further  control  of 
the  matter  reported  on  without  a  new  ref- 
erence. 

While  such  is  the  case  the  members  of 
the  committee  are  usually  regarded  by  the 
presiding  officer  as  specially  suited,  from 
their  examination  in  committee  of  the 
question,  to  inform  the  assembly,  and 
therefore,  other  things  being  equal,  have 
preference  in  debate.  The  member  re- 
porting is  also  regarded  as  having  the 
measure  in  charge.  In  the  House  of  Rep- 
resentatives this  preference  is  carried  so 
far  that  the  Speaker  usually  gives  com- 
plete charge  of  the  bill  to  the  reporter  of 
it,  and  the  members  of  the  committee  have 
absolute  preference  in  the  debate.  In 
ordinary  assemblies  this  is  rather  the  nat- 
ural but  by  no  means  the  necessary  course 


§86  COMMITTEE   OF   THE    WHOLE.  67 

86.  Committee  of  the  Whole— Origin. 

—  This  is  but  the  assembly  itself  in  an- 
other form,  since  the  membership  is  iden- 
tical. It  had  its  origin  in  a  condition  of 
affairs  which  has  now  no  parallel.  In 
former  times  the  Speaker  was  selected  by 
the  House  of  Commons,  but  must  be 
acceptable  to  the  King.  Hence  it  came  to 
pass  that  the  Speaker  began  to  consider 
himself  the  servant  of  the  crown  rather 
than  of  the  Commons,  and  betrayed  their 
secrets,  and  was  often  but  the  king's  spy. 
For  that  reason  the  Commons,  when  they 
desired  to  discuss  questions  of  supply, 
resolved  themselves  into  a  Committee  of 
the  Whole,  had  a  chairman  of  their  own,  and 
shut  the  Speaker  out:  Thereupon  they 
deliberated  and  spoke  their  real  senti- 
ments. 

87.  Committee  of  the  Whole— Meth- 
ods    of    Procedure  —  Organization  — 
Chairman. —  In  modern  times  the  presid- 
ing officer  of  the  assembly  when  the  assem- 
bly resolves  itself  into  the  Committee  of 
the  Whole  names  the  chairman,  and  his 
choice  is  almost  invariably  acquiesced  in. 
It  is  sometimes  said  that  the  Committee  of 


68  PARLIAMENTARY    RULES. 

the  Whole,  like  other  committees,  has  the 
right  to  select  its  own  chairman.  Al- 
though this  statement  has  the  help  of  dis- 
tinguished authority,  it  is  contrary  to  the 
English  precedents  and  to  sound  parlia- 
mentary sense.  If  there  be  any  question 
about  the  chairman,  the  assembly  should 
settle  it,  and  if  the  question  is  raised  after 
the  committee  is  in  session  the  committee 
should  rise,  report  to  the  assembly,  and 
take  its  direction.  The  appointment  of 
the  chairman  being  made  before  the  assem- 
bly goes  into  committee,  the  proper  time  to 
.  raise  any  question  of  that  sort  is  then. 

88.  Committee  of  the  Whole  —  Clerk. 
—  The  clerk  of  the  assembly  acts  as  clerk 
of  the  Committee  of  the  Whole,  but  keeps 
no  record  of  its  proceedings  except  such 
temporary  record  as  will  enable  him  to  aid 
the  chairman  in  the  orderly  conduct  of  the 
business.     The    report   which    the    com- 
mittee makes  to  the  assembly  is  its  record, 
and  becomes  part  of  the  proceedings  of  the 
assembly. 

89.  Committee  of  the  Whole  — Quo- 
rum.—  The    same   number   constitutes  a 
quorum  in  the  Committee  of  the  Whole 


§  90  COMMITTEE   OF   THE    WHOLE.  69 

which  is  necessary  in  the  assembly  itself, 
but  the  assembly  may  fix  the  number  to 
suit  itself,  the  committee  being*  but  the 
creature  of  the  assembly  like  any  other 
committee.  Whenever  it  appears  that  a 
quorum  is  not  present  the  committee  rises 
and  reports  the  fact  to  the  House,  where- 
upon the  roll  is  called,  and  if  a  number 
equal  to  the  quorum  designated  for  the 
committee  responds,  the  committee  re- 
sumes its  session  at  once. 

90.  Committee  of  the  Whole  — Yeas 
and    Nays. —  In  the   Committee    of    the 
Whole  the  yeas  and  nays  can  not  be  called, 
whereby  the  original  purpose  of  the  com- 
mittee is  in  a  measure  subserved  and  the 
doings  of  the  members  and  parties  some- 
times escape   the  notice  of   the  modern 
sovereign,  the  people. 

91.  Committee  of  the  Whole  —  De- 
bate.— Debate  in  Committee  of  the  Whole 
tends    more   to  informality  than  in   the 
assembly.     Each   member  may  speak  as 
often  as  he  can  get  the  floor,  and  there  is 
no  limit  to  be  placed  on  debate  by  the 
committee.     Debate  can  not  be  adjourned; 
for  a  motion  to  postpone  either  indefinitely 


70  PARLIAMENTARY   RULES. 

or  to  a  day  certain  is  not  in  order,  nor  can 
the  previous  question  be  called  or  the  sub- 
ject be  laid  on  the  table.  The  only  way 
in  which  debate  can  be  limited  is  by  order 
of  the  assembly. 

92.  Committee  of  the  Whole  — Ad- 
journment. —  The     Committee    of    the 
Whole  can  not  adj  ourn.  The  motion  which, 
when  carried,  terminates  its  session  is  a 
motion  that  the   committee  do  now  rise. 
Thereupon  the  committee  rises,  the  pre- 
siding officer  takes  the  chair,  and  the  chair- 
man of  the  Committee  of  the  Whole  makes 
his  report. 

93.  Committee  of  the  Whole  — Re- 
port.—  If  the  Committee  of  the  Whole  has 
not  finished  its  consideration  of  the  ques- 
tion submitted  to  it,  the  chairman  reports 
that  the  Committee  of  the  Whole  has  had 
under  consideration  the  question  (describ- 
ing it),  and   has   come   to   no   resolution 
thereon.    If  a  conclusion  has  been  reached 
the  chairman  reports  that  the  committee 
has  had  under  consideration  the  question 
(designating  it),  and  recommends  that  the 
bill  do  pass  or  that  the  report  be  adopted, 
with  or  without  amendment  or  other  action, 
as  the  case  may  have  been. 


§  94  COMMITTEE   OF   THE   WHOLE.  71 

94.  Committee  of  the  Whole  —  Pres- 
ervation of  Order. —  The  Committee  of 
the  Whole  has  no  power  to  punish  for  dis- 
order.    Any  disorderly  behavior  should  be 
reported  to  the   assembly  for  its  action. 
Whenever  the  disorder  is  very  great  the 
presiding  officer  of  the   assembly  should 
take  the  chair  and  restore  order.     This  has 
several  times  been  done  by  the  Speaker 
of  the  House  of  Representatives  and  by 
the   Speaker  of  the  House  of  Commons. 
When  order  is  restored  the  Speaker  leaves 
the  chair  and  the  committee  resumes. 

95.  Committee  of  the  V/hole  —  Sub- 
jects Usually  Intrusted  to,  —  In  assem- 
blies not  legislative  it  is  rarely  worth  while 
to  go  into  the  Committee  of  the  Whole, 
since  this  form  of  procedure  is  a  compli- 
cation unnecessary  except  in  a  certain  class 
of  cases.     The  Committee  of  the  Whole  is 
useful  where  the  subject  to  be  considered 
contains  many  items  and  relates  to  divers 
subjects,  or  needs  to  be  settled  minutely 
as  to  the  language. 

In  legislatures  bills  making  general  ap- 
propriations and  those  containing  items  of 
governmental  expense  are  those  most  fre- 


7J8  PARLIAMENTARY    RULES.  §  96 

quently  considered  in  Committee  of  the 
Whole. 

96.  Committee  of  the  Whole  —House 
of  Representatives. — By  the  usual  rules 
of  the  House  of  Representatives  there  are 
two  Committees  of  the  Whole.  "The 
Committee  of  the  Whole  House  on  the 
State  of  the  Union"  and  "  The  Committee 
of  the  Whole  House." 

The  first-named  committee  may  sit  on 
any  day,  and  has  charge  of  all  public  bills 
which  appropriate  money  or  property  or 
require  appropriation  thereafter  of  the 
money  or  property  of  the  United  States. 
The  second  can  sit  on  Friday  only,  and  con- 
cerns itself  with  private  bills  alone.  In 
both  committees  there  are  two  kinds  of 
debate,  general  and  under  the  five-minute 
rule.  The  general  debate  confines  each 
member  to  one  hour,  the  five-minute  debate 
to  five  minutes  each.  The  general  debate 
is  on  the  whole  bill,  the  five-minute  debate 
on  amendments  to  each  item.  In  the  Com- 
mittee of  the  Whole  on  the  State  of  the 
Union  almost  anything  is  liable  to  be 
debated.  It  has  been  frequently  held  that 
the  member  is  not,  in  Committee  of  the 


§  97     COMMITTEE  OF  THE  WHOLE.      73 

Whole  on  the  State  of  the  Union,  in  general 
debate,  confined  to  the  subject  directly 
before  the  committee  unless  the  proposi- 
tion is  a  special  order. 

97.  Committee  of  the  Whole  —  Sub- 
committees.— While  all  other  committees, 
special  or  standing,  except,  perhaps,  con- 
ference   committees,    can   have   sub-com- 
mittees as  instruments  for  work,  the  Com- 
mittee of  the  Whole  can  not  from  its  very 
nature  have  such  adjuncts,  and  a  motion 
to  refer  to  a  sub-committee  would  be  en- 
tirely out  of  order. 

98.  Committee   of  the  Whole  — Fu- 
ture Sittings. — An  assembly  may  deter- 
mine upon  the  future  sitting  of  the  Com- 
mittee of  the  Whole,  and  in  some  assem- 
blies it  is  in  order,  when  the  committee 
rises  without  finishing  its  work,  to  report 
progress  and  ask  for  leave  to  sit  again  and 
to  have  the  time  then  appointed,  but  this 
is  not  customary  in  this  country.     When- 
ever the  assembly  sees  fit  it  resolves  itself 
at  once  into  a  Committee  of  the  Whole 
after  having  directed  the  committee  what 
subject  to  take  up.     If  no  subject  be  spec- 
ified, then  the  unfinished  business  of  the 


74  PARLIAMENTARY    RULES.  §  99 

former  meeting  becomes  the  subject  first 
to  be  considered,  and  then  the  first  sub- 
ject on  the  calendar  of  things  previously 
committed,  if  there  are  any. 

99.  Practical  Suggestions. —  In  order 
to  make  the  debate  in  Committee  of  the 
Whole  valuable,  and  to  give  each  member 
a  chance  to  debate  the  question  in  all  its 
particulars,  there  should  be  by  rule  a  lim- 
itation of  time,   and  the  five-minute  rule 
of  the  House  of  Representatives  is  a  very 
good    one  for   practical   purposes,   either 
with  or  without  general  debate.     General 
debate,  if  permitted,    could  most  advan- 
tageously be  limited  to  ten  or  fifteen  min- 
utes for  each  member.     While  the  United 
States  House  allows  an  hour  for  each,  it 
is  in  practice  very  frequently  divided  into 
much  shorter  periods. 

CHAPTER   VIII. 

Conduct  of  Business.     Disposal 
of  the  Main  Question. 

100.  Forms  of  Action  by  an  Assem- 
bly.— All  the  proceedings  of  an  assembly 


§  101  CONDUCT    OF    BUSINESS.  75 

which  ripen  into  a  result  do  so  by  a  vote, 
and  hence  we  can  say  of  all  action  that  it 
was  the  vote  of  the  assembly  and  that  the 
action  was  by  vote.  There  ar.e,  however, 
different  forms  in  which  different  kinds  of 
actions  are  put.  If  an  assembly  desires  to 
direct  something  to  be  done  by  its  com- 
mittees or  its  officers;  or  by  any  subordi- 
nate body,  its  will  is  expressed  by  means  of 
an  order.  If  it  desires  to  express  its 
opinion  or  purpose,  or  make  a  statement 
of  facts,  a  resolution  is  the  usual  method. 
If  a  legislative  body  it  enacts  laws  by 
means  of  a  bill  which  when  passed  by  all 
those  entitled  to  act  on  it  becomes  "  an  act." 
ioi.  Introduction  of  Business. —  After 
an  organization  has  been  had  the  assembly 
is  then  ready  to  proceed  to  business.  The 
beginning  of  business  is  its  introduction 
by  a  member.  Only  members  have  a  right 
to  present  business  to  the  assembly.  The 
presiding  officer  may  lay  before  the  assem- 
bly certain  kinds  of  business,  but  this  is 
always  by  virtue  of  law.  The  presiding 
officer  is  under  no  obligation  to  present 
any  communication  sent  him  by  persons 
outside  the  body  over  which  he  presides. 


76  PARLIAMENTARY    RULES.  §  102 

That  would  be  to  confer  upon  outsiders 
one  of  the  attributes  of  membership.  The 
only  way  in  which  a  person  not  a  member 
can  reach  the  assembly  is  through  a  mem- 
ber. 

102.  How  Business  May  Be  Intro- 
duced.—  Whenever  a  member  desires  to 
introduce  business  he  rises  in  his  place  and 
addresses  the  presiding  officer  by  his  title, 
as  "Mr.  Chairman,"  "Mr.  Moderator." 
The  Chair  thereupon  recognizes  the  mem- 
ber, and  says,  "Mr.  A.  has  the  floor,"  or 
simply,  "Mr.  A."  The  member  then  has 
the  floor,  and  states  his  proposition,  which 
must  be  reduced  to  writing  at  the  request 
of  the  Chair  or  any  member.  Thereupon 
the  chairman  states  or  puts  the  question 
to  the  assembly,  and  after  the  question  has 
been  thus  proposed  the  assembly  is  said  to 
be  in  possession  of  the  question. 

It  will  be  seen  by  the  proceedings  just 
described  that  the  member  in  order  to 
introduce  business  must  first  obtain  the 
floor,  and  in  order  to  obtain  the  floor  must 
first  be  recognized  by  the  Chair.  Until 
the  member  has  the  floor  the  proposal  of 
business  is  not  in  order,  but  the  member 


§  103  CONDUCT    OF    BUSINESS.  77 

may  state  his  purpose  in  rising  if  he 
demands  the  floor  to  introduce  a  privileged 
motion  or  any  motion  which  has  prior 
right,  such  as  a  motion  to  adjourn  or  a 
point  of  order. 

103.  Motion   Must  Be  in  Writing. — 
The  motion  should  always  be  in  writing 
or  reduced  to  writing  at  the  clerk's  desk. 
If  required  by  the  presiding  officer  or  any 
member  the  member  must  present  it  in 
writing.     This   applies   only  to  the  main 
question  and  to  such  motions  as  are  vari- 
able.    The   common   motions,  which   are 
always  in  the  same  form,  may  be  presented 
orally. 

104.  The  Second. —  After  the  motion 
has  been  made  it  must  have  the  support 
of  another  member,  who  rises  in  his  place 
and  says,   "  I   second  the  motion."     This 
requirement  of  a  second  is  based  on  the 
idea  that  if  the  motion  has  no  other  friend 
than   the   mover  it  is   hardly  worth   the 
while  of  the  assembly  to  spend  time  on  it. 

105.  Second  in  the  House  of  Repre- 
sentatives.—  No  second  is  required  in  the 
House  of  Representatives  to  an  ordinary 
motion.     The  motion  to  suspend  the  rules 


78  PARLIAMENTARY    RULES.  §  106 

requires  a  second  if  demanded,  which  must 
consist  of  a  majority  of  the  members  pres- 
ent, ascertained  by  tellers. 

106.  Petitions. — A  petition  should  be 
signed  by  the  petitioner  and  must  be  pre- 
sented by  a  member,  who  rises  in  his  place, 
states  the  contents,  and  movers  that  it  be 
received.     When  this  motion  is  seconded 
it   is   proposed  to  the  assembly,  and  the 
assembly    decides    to    receive  it   or    not. 
Usually,  however,  a  petition   is   received 
without  even  the  formality  of  a  motion, 
but   the    question    of  reception    may   be 
raised  by  any  member.     When  received  it 
is  to  be  acted  on  like  any  other  kind  of 
business.     It  may  be  the  subject  of  a  res- 
olution, or  order,  or  bill,  or  may  be  referred 
to  a  committee,  or  laid  on  the  table,  or  post- 
poned. 

107.  Petitions  in  the  House  of  Rep- 
resentatives.—  Petitions  in  the  House  of 
Representatives  are  indorsed  by  the  mem- 
ber presenting  them  with  his  name  and  the 
reference  or  disposition  to  be  made  of  it, 
and  presented  to  the  Clerk  by  being  placed 
in  a  box  affixed  to  the  Clerk's  desk;  and 
these  petitions,  except  such  as  in  the  judg- 


§  108  CONDUCT    OF    BUSINESS.  79 

ment  of  the  Speaker  are  of  obscene  or  in- 
sulting character,  are  disposed  of  by  refer- 
ence as  requested  by  the  member,  in  ac- 
cordance with  the  rules,  and  entered  on 
the  Journal  and  published  in  the  Record. 

108.  Motion  When  in  Possession  of 
the  Assembly. —  The  motion  is    not    in 
possession   of   the   assembly  until  it  has 
been  seconded  and  stated  to  the  assembly 
by  the  presiding  officer.     Until  that  time 
no  member  has  a  right  to  make  any  mo- 
tion in  relation  to  it,  or  debate  it,  or  to  ask 
the  floor  for  either  purpose.     On  the  other 
hand,  until  the   presiding   officer   has   so 
stated   it   to   the   assembly,  the    member 
offering  it,  either  at  his  own  suggestion  or 
that  of  another,  may  modify  his  proposi- 
tion.    After  it  has  been  stated  he  can  not 
modify  it  except  by  consent  of  the  assem- 
bly or  in  the  regular  way  of  amendment. 

109.  Main    Question. —  The    business 
thus  in  possession  of  the  House  is  called 
the    "main    question."     It  is    subject   to 
many    motions,    which     are    particularly 
enumerated  in  their   relations  with   each 
other  in  Chapter  X.     In  this  chapter  and 
the  next  only  the   subsidiary  motions,  so 


80  PARLIAMENTARY    RULES.  §  110 

called,  are  treated  of.  In  this  chapter  the 
subsidiary  motions  which  dispose  tem- 
porarily or  finally  of  the  "main  question" 
are  described,  and  in  the  next  those  which 
modify  and  change  it.  (See  Sec.  163.) 

After  introduction  two  courses  are  open 
to  the  assembly,  refusal  to  consider  or  con- 
sideration. 

1 10.  The  Question  of  Consideration. 
—The  assembly,  upon  hearing  the  proposi- 
tion or  question  stated  by  the  chair,  may 
conclude  that  it  does  not  desire  to  consider 
it  at  all.  In  order  to  determine  this  any 
member  has  a  right  to  raise  the  question 
of  consideration,  which  he  does  usually  in 
this  form:  "  Mr.  Chairman,  on  that  I  raise 
the  question  of  consideration."  There- 
upon, without  debate,  the  assembly  divides 
upon  the  question  of  consideration.  If 
decided  in  the  negative,  the  main  question 
remains  as  if  it  had  not  been  brought  up; 
if  decided  in  the  affirmative,  the  business 
then  proceeds.  The  question  of  considera- 
tion applies  only  to  the  main  question,  and 
not  to  any  other  motion.  The  question  of 
consideration  may  be  raised  even  against 
a  bill  ordered  by  the  assembly  to  be  pro- 


§  111  CONDUCT    OF    BUSINESS.  81 

ceeded  with  at  a  fixed  time,  or  against  an 
order  of  the  day,  or  even  against  a  confer- 
ence report.* 

ill.  Point  of  Order. — Another  method 
of  preventing  consideration  is  to  raise  a 
point  of  order,  which  is  in  substance  an 
objection  that  the  question  can  not  be  con- 
sidered because  it  conflicts  with  rules  and 
orders  already  established,  or  with  pro- 

*  In  some  treatises  it  is  said  that  the  ques- 
tion of  consideration  can  not  be  raised  except  by 
special  rule.  The  question  of  consideration  is  like 
the  question  of  the  reception  of  a  report.  In  both 
cases  the  question  used  always  to  be  put  as  matter 
of  course,  whether  the  business  should  be  con- 
sidered or  whether  the  report  should  be  received. 
In  both  cases,  also,  it  has  come  to  be  the  custom 
for  the  Chair  not  to  put  the  question,  but  to  require 
it  to  be  raised  from  the  floor.  If  the  question  is 
not  raised,  then  consideration  and  reception  are 
both  matters  of  course. 

The  rules  of  the  House  of  Representatives  that 
the  question,  "  Will  the  House  now  consider  it?  " 
shall  not  be  put  unless  "demanded  by  a  member,  is 
plainly  not  a  creation  of  the  question  of  considera- 
tion, but  a  limitation  of  a  custom  already  estab- 
lished, and  implies  that  without  that  limitation  by 
rule  the  Speaker  would  have  to  put  the  question 
of  consideration,  even  if  it  had  not  been  raised, 
6 


82  PARLIAMENTARY    RULES.  §  112 

ceedings  already  determined  upon  by  the 
assembly.  The  point  of  order  is  more 
fully  described  in  Section  182  et  seq* 

112.  Time  for  Making  These  Objec- 
tions.— Both  these  objections  to  present 
action  must  be  presented  before  considera- 
tion has  been  entered  upon.     After  debate 
has  begun  or  other  action  has  been  taken 
it  is  too  late. 

113.  Other  Methods  of  Putting  the 
Question  Aside. —  The  motions  to  lay  on 
the  table,  postpone  to  a  day  certain  and 
to  postpone   indefinitely,   to  commit,  and 
even  the  motion  to  adjourn,  are  also  meth- 
ods   of    stopping    present    consideration. 
While  they  are  usually  employed  later  in 
the  proceedings,  they  will  now  be  described. 
(For  motion  to  adjourn  see  Sec.  177.) 

114.  To    Lay   On   the   Table.— This 

*  The  point  of  order  is,  of  course,  -not  to 
be  classed  with  the  subsidiary  motions.  It  is  an 
incidental  motion,  and  mentioned  here  out  of  its 
logical  place  because  it  is  one  of  the  direct  methods 
of  changing  the  position  of  the  question.  As  be- 
tween it  and  the  question  of  consideration  it  should 
be  decided  first;  because  if  the  question  cannot  be 
considered  it  is  not  worth  while  to  vote  that  it 
should  be. 


§  115  CONDUCT    OF    BUSINESS.  83 

motion  is  practically  a  motion  to  suspend 
the  consideration  of  a  question  during  the 
pleasure  of  the  House.  It  carries  with  it 
all  questions  connected  with  the  special 
question  on  which  it  is  moved.  If  it  be 
moved  on  the  main  question,  then  all 
amendments  go  with  it;  if  moved  on  the 
amendment,  then  the  main  question  goes 
on  the  table  also.  This  is  upon  the  very 
solid  ground  that  you  can  not  go  on  with 
an  amendment  when  the  main  subject  is 
no  longer  before  the  House,  and  can  not 
go  on  with  the  main  question  when  there 
exist  amendments  liable  to  be  called  up 
at  the  pleasure  of  the  House.  When 
a  question  laid  upon  the  table  is  again 
called  up,  it  comes  up  before  the  assembly 
precisely  as  it  was  prior  to  the  motion  to 
lay  it  on  the  table,  with  all  the  amend- 
ments and  motions  then  pending;  but 
the  motion  to  take  from  the  table  is  not  a 
privileged  motion. 

115.  Effect  of  Motion  in  the  House 
of  Representatives. —  The  motion  to  lay 
upon  the  table  in  the  United  States  House 
of  Representatives  defeats  the  proposition. 
It  is  never  taken  up  again.  This  differs 


84  PARLIAMENTARY    RULES.  §116 

from  the  custom  of  all  other  assemblies 
and  leads  to  other  modifications.  For  in- 
stance, laying  on  the  table  a  motion  to 
reconsider  does  not  carry  with  it  the  orig- 
inal question,  but  is  equivalent  to  a  refusal 
to  reconsider.  Hence,  also,  in  the  House 
a  conference  report  can  not  be  laid  on  the 
table,  otherwise  a  conference  report  might 
be  put  beyond  the  reach  of  either  house. 

1 16.  To  Lay  On  the  Table—  Renewal. 
—  If  the  motion  to  lay  on  the  table  be 
decided  in  the  negative,  the  original  ques- 
tion  proceeds  as  if  the  motion  had  not 
been  made,  and  the  motion  maybe  renewed 
when  there  has  been  such  progress  as  to 
make  the  motion  substantially  a  new  one. 

117.  To  Lay  On  the  Table  —  Debate, 
Precedence,  and  Amendment. — A  motion 
to  lay  on  the  table  is  not  debatable.     It 
takes-  precedence  of  all   other  subsidiary 
motions  except  the  question  of  considera- 
tion, but  yields  to   privileged    questions. 
This  motion  can  not  be  amended. 

118.  To  Postpone  to  a  Day  Certain. — 
The  title  describes  the  motion.     Whenever 
the  assembly  thinks  it  would  prefer  to 
have  time  given  members  to  inform  them- 


§  119  CONDUCT    OF    BUSINESS.  85 

selves  as  to  a  question,  or  when  it  desires 
to  take  up  some  other  question,  then  the 
motion  to  postpone  to  a  day  certain,  nam- 
ing the  day,  is  a  proper  one  to  make.  This 
motion  is  debatable,  but  the  debate  does 
not  involve  the  merits  of  the  main  ques- 
tion. It  is  also  amendable,  and  is  inferior 
to  a  motion  to  lay  upon  the  table.  It  is 
superior  to  a  motion  to  amend,  and  of 
equal  rank  with  the  motions  to  commit,  to 
indefinitely  postpone,  and  for  the  previous 
question. 

119.  Motion  to  Commit.— Whenever 
an  assembly  finds  that  a  question  before 
it  can  be  more  satisfactorily  proceeded 
with  by  means  of  a  committee,  the  motion 
to  commit  will  accomplish  that  object. 
This  motion  can  be  made  at  once  upon  the 
stating  of  the  question,  or  later,  after 
discussion  and  efforts  to  amend  have  shown 
the  need  of  more  careful  investigation 
than  the  assembly  itself  can  give  it. 
Where  the  assembly  has  much  business 
to  perform  and  standing  committees  have 
been  appointed,  the  committal  is  usually 
as  of  course  to  a  committee  on  first  pres- 
entation, and  the  assembly  acts  on  the 


S6  PARLIAMENTARY    RULES.  §  120 

report  of  the  committee.  The  fact,  how- 
ever, that  a  committee  has  reported  on  the 
question  does  not  preclude  the  motion  to 
commit.  In  default  of  other  regulation  in 
the  rules,  the  motion  to  commit  may  name 
the  committee  or  create  one. 

120.  Motion  to  Commit — Debate  and 
Amendment. —  The  motion  to  commit  is 
debatable,  but  the  merits  of  the  main  ques- 
tion are  not  open  to  discussion  on  this  mo- 
tion, since  that  discussion  will  be  in  order 
when  the  committee  reports.     If,  however, 
the  proposition  be  to  commit  with  instruc- 
tions as  to  the  main  question,  then  debate 
can  be  had  on  the  merits.     The  motion 
to  commit  is  amendable,  and  ranks  with 
postponement  to  a  day  certain,  indefinite 
postponement,  and  the  previous  question. 

121.  Motion  for  Indefinite  Postpone- 
ment.—  This  motion  is  designed  to  avoid 
a  direct  vote  on  the  question  itself,  and  to 
give  the  opponents  of  the  bill  an  opportu- 
nity to  try  their  strength  at  any  stage  of  the 
bill.     If  decided  in  the  affirmative,  the  bill 
is  defeated;  if  in  the  negative,  the  bill  pro- 
ceeds as  if  the  motion  had  not  been  made. 
It    serves    the    original    purpose    of  the 


§  122  CONDUCT    OF    BUSINESS.  87 

English  previous  question,  as  it  was  under 
the  early  practice. 

122.  Motion  for  Indefinite  Postpone- 
ment— Debate  and  Amendment. — The 

motion  for  indefinite  postponement  is  not 
only  debatable  itself,  but  throws  open  the 
whole  question  for  debate.  Inasmuch  as 
an  affirmative  vote  on  this  motion  may 
decide  the  main  question,  the  merits  of  the 
question  must  be  open  for  discussion. 
The  motion  can  riot  be  amended.  It  ranks 
with  the  motion  to  postpone  to  a  day  cer- 
tain, to  commit,  and  for  the  previous  ques 
tion. 

123.  Previous    Question.  —  The    pre- 
vious question  in  England  was  also  orig- 
inally a  motion  intended  to  avoid  a  direct 
vote  on  the  subj  ect  before  the  assembly.    1 1 
was  first  employed  in  what  were  then  con- 
sidered "  delicate  matters,"  which  involved 
high  personages,  and  was  a  very  ingenious 
method  of  avoidance.     It  still  prevails  in 
the  House  of  Commons.     There,  when  the 
previous   question  is  moved,  it  is  moved 
by  the  enemies  of  the  proposition,  and  is 
moved    for   the  purpose   of   putting   the 
measure  aside,  and  not  for  the  purpose  of 


88  PARLIAMENTARY    RULES.  §  124 

suppressing  debate  and  bringing  the  sub- 
ject to  a  final  decision.  There  the  pro- 
posers of  the  motion  desire  to  have  a  neg- 
ative decision;  there  the  motion  for  the 
previous  question  can  be  debated.  Hence 
it  can  not  be  used  for  the  purpose  of  clos- 
ure. The  manner  of  putting  it  is,  "  Shall 
the  main  question  be  now  put? "  If  de- 
cided in  the  negative,  since  the  main  ques- 
tion can  not  be  put,  the  House  having 
voted  not  to  have  it  done,  it  must  necessa- 
rily be  laid  aside;  if  it  be  decided  in  the 
affirmative,  then  the  main  question,  with- 
out amendment,  and  without  even  permit- 
ting a  motion  to  adjourn,  must  be  at  once 
put  and  decided. 

124.  The  Previous  Question  in 
America  —  Gradual  Evolution.  —  The 
previous  question  in  the  United  States  has 
come  to  be  quite  a  different  motion  from 
the  one  just  described,  both  in  purpose 
and  in  result.  It  was  originally  moved  by 
the  friends  of  the  measure  to  cut  off  de- 
bate and  amendment,  and  cause  a  final 
decision  of  the  main  question.  It  has 
reached  its  present  condition  by  slow 
growth,  and  answers  a  very  great  need  in 


§  125  CONDUCT    OF    BUSINESS.  89 

a  large  assembly.  Without  it  debate  might 
have  no  end,  especially  where  written 
speeches  are  permitted.  At  first  we  were 
contented  with  the  English  motion,  simply 
reversed  in  its  intentions  and  purposes. 
They  used  it  to  defeat  the  measure  and  we 
.used  it  to  forward  it.  But  it  was  soon  seen 
that  there  was  grave  inconvenience  in  go- 
ing back  to  the  main  question,  overthrow- 
ing all  intervening  motions,  including 
amendments,  and  at  the  same  time  leaving 
the  whole  subject  practically  open  to  de- 
bate. It  was  also  no  longer  sensible,  when 
the  previous  question  was  moved  in  the  in- 
terest of  progress,  that  a  negative  result 
should  throw  the  measure  aside  for  the  day. 

Hence,  in  view  of  these  things,  experi- 
ence has  established  in  America  the  pre- 
vious question  as  follows: 

125.  Previous  Question  Now  in  Use. 
—  Instead  of  the  formula  previously  em- 
ployed, "  Shall  the  main  question  be  now 
put?"  the  presiding  officer  should  say,  "  Mr. 
'A/ demands  the  previous  question.  As 
many  as  are  in  favor  of  ordering  the  pre- 
vious question  will  say  aye;  as  many  as 
are  opposed  will  say  no."  This  question 


90  PARLIAMENTARY    RULES.  §  126 

is  not  debatable  and  can  not  be  amended. 
The  results  of  the  motion  are  as  follows: 
If  determined  in  the  negative,  the  consid- 
eration goes  on  as  if  the  motion  had  never 
been  made;  if  decided  in  the  affirmative, 
then  the  presiding  officer  at  once,  without 
debate,  proceeds  to  put,  first,  the  amend- 
ments pending,  and  then  the  main  question 
as  amended.  If  an  adjournment  is  had 
after  the  previous  question  is  ordered,  the 
subject  comes  up  the  first  thing  after  the 
reading  of  the  Minutes  or  Journal  the  next 
day,  and  the  previous  question  still  oper- 
ates, making  the  main  question  privileged 
over  all  other  business,  whether  new  or 
unfinished. 

126.  The  Previous  Question — Rank. 
-  The  previous  question  is  of  equal  rank 
with  the  motion  to  postpone  to  a  day  cer- 
tain, to  postpone  indefinitely,  and  to  com- 
mit. It  can  not  be  moved  while  either  of 
the  others  is  pending. 

The  Previous  Question  in  the 
United  States  House.— The  previous 
question  can  not  be  moved  in  the  United 
States  Senate.  In  the  House  "  the  pre- 
vious question  may  be  asked  and  ordered 


§  127  CONDUCT   OF   BUSINESS.  91 

upon  a  single  motion,  a  series  of  motions 
allowable  under  the  rules,  or  an  amend- 
ment or  amendments;  or  may  be  made  to 
embrace  all  authorized  motions  or  amend- 
ments, and  include  the  bill  to  its  engross- 
ment and  third  reading,  and  then,  on  re- 
newal and  second  of  said  motion,  to  its 
passage  or  rejection."  It  is  there,  how- 
ever, in  order,  pending  the  motion  for  the 
previous  question,  and  even  after  its  adop- 
tion, to  commit,  either  with  or  without  in- 
structions. 

It  will  be  seen  that  this  rule  extends  the 
previous  question  to  all  debatable  and 
amendable  motions.  This  is  a  very  great 
addition  to  the  previous  question  of  general 
parliamentary  law,  which  is  not  applicable 
to  any  question  except  the  main  question. 

127.  The  Previous  Question — Prac- 
tical Suggestions.— In  small  assemblies 
there  is  but  little  use  for  the  previous 
question;  and  the  prejudice  is  so  strong 
against  shutting  off  debate  that  it  is  often 
rather  a  dangerous  motion  to  make,  and 
should  be  made  only  after  the  assembly 
has  plainly  exhausted  the  subject. 

In  large  assemblies,   especially  of  the 


92  PARLIAMENTARY   RULES.  §128 

legislative  kind,  there  should  be  a  special 
rule  giving  the  previous  question  a  higher 
place  than  it  has  under  general  parlia- 
mentary law.  It  should  follow  the  mo- 
tion to  lay  upon  the  table  and  precede  all 
the  rest;  it  should  also  be  made  applica- 
ble to  all  debatable  amendments  and  mo- 
tions. In  large  assemblies  everywhere, 
especially  where  there  are  permanent 
party  divisions,  it  is  impossible  to  accom- 
plish public  business  without  the  power  of 
closing  debate. 

128.  Closure  of  Debate  in  the  House 
of  Commons  and  Chamber  of  Depu- 
ties.—  In  England,  as  we  have  seen,  the 
previous  question  does  not  close  debate,  and 
until  quite  recently  there  was  apparently 
no  power  even  in  the  majority  to  cause 
discussion  to  cease.  But  most  evils  dis- 
cover their  own  remedies,  and  in  1881, 
after  the  scenes  described  in  Section  223, 
the  House  of  Commons  carefully  consid- 
ered the  question  at  different  times,  and 
the  result  is  that,  with  the  approval  of 
the  Speaker,  the  House  can  close  the 
debate  in  a  way  which  seems  substantially 
like  our  own,  by  a  major  vote,  provided 


§129  CONDUCT   OP   BUSINESS.  93 

not  less  than  a  hundred  members  have 
voted  in  the  affirmative.  It  should  be 
added  that  in  the  House  of  Commons  the 
quorum  is  forty,  the  usual  total  six  hun- 
dred and  seventy-five.  lu  France  the  clos- 
ure (cloture)  has  been  for  a  long  time  in 
use,  and  requires  in  the  Chamber  of  Dep- 
uties the  vote  of  a  majority  only.  In  that 
body  a  majority  must  be  present  to  consti- 
tute a  quorum. 


CHAPTER  IX. 

Conduct  of  Business,  Continued. 
Amendments. 

Having  thus  described  the  method  "by 
which  an  assembly  may  dispose  of  the 
main  question  in  various  stages  of  its 
progress,  and  lay  it  aside  permanently  or 
temporarily,  it  remains  to  show  how  the 
assembly  can  modify  and  discuss  the 
question. 

129.  Method  of  Procedure  in  Ordi- 
nary Cases. —  In  the  assembly  the  propo- 
sition, or  main  question,  should  be  first 


94  PARLIAMENTARY   RULES.  §  130 

read,  in  order  that  the  members  may 
understand  the  question  as  a  whole.  It  is 
then  read  a  second  time,  when  it  is  open  to 
amendment  and  debate  in  all  its  parts. 
Unless  otherwise  ordered,  an  amendment 
can  be  offered  to  any  part  of  the  proposi- 
tion, and  after  that  is  disposed  of,  to  any 
other  part,  whether  previous  or  subse- 
quent. (But  see  Sec.  130.) 

130.  Method  of  Procedure  by  Para- 
graphs  or    Sections. —  When  the  main 
question  is  in  paragraphs  or  sections,  the 
second  reading^  is  by  paragraphs  or  sections 
for   amendment,  and   each   paragraph   is 
amended  in  its  turn;  and  it  is  not  permissi- 
ble, except  by  general  consent,  to  recur  to 
a  paragraph   already  passed.     The  main 
question    may    be   debated    on   the    first 
reading  as  a  whole,  and  then  the  second 
reading  can  be  had  for  amendments. 

Where  the  main  question  is  prefaced  by 
a  preamble,  the  preamble  is  passed  upon 
last,  because,  giving  as  it  does  the  motives 
of  action,  it  can  not  be  properly  worded 
until  the  action  is  determined  upon. 

131.  Amendment  —  Object. —  The  ob- 
ject of  an  amendment  is  to  so  change  the 


§  132  AMENDMENTS.  95 

main  proposition  that  it  may  more  nearly 
conform  to  the  judgment  of  the  assembly. 
Were  it  not  for  the  right  to  amend,  the 
assembly  would  be  obliged  to  take  one  of 
two  courses,  either  of  which  might  not 
express  its  convictions.  To  accept  a  prop- 
osition which  was  not  wholly  satisfactory, 
or  to  reject  one  which  in  many  respects  was 
suitable,  was  a  hard  alternative;  yet  this 
alternative  was  the  one  presented  to  the 
Corps  Legislatif  of  France  under  the  first 
Consulate.  With  no  right  to  originate  a 
proposition,  and  no  right  to  amend  it,  the 
Corps  Legislatif  hardly  seemed  a  deliber- 
ative body. 

In  all  modern  assemblies  the  right  to 
originate  and  the  right  to  amend  are 
undisputed. 

132.  Amendment,     Method    of. — 
Amendment  can  be  made  in  three  ways: 
First,   by    inserting    words;     second,   by 
striking  out  words;  third,  by  striking  out 
words  and  inserting  others.     (See  Sec.  140, 
last  paragraph.) 

133.  Amendment  to  the  Amendment. 
—  In  case  the  amendment  offered,  while 
satisfactory  in  its  design  does  not  in  the 


96  PARLIAMENTARY   RULES.  §  134 

opinion  of  a  member  exactly  meet  the 
case,  he  is  at  liberty  to  propose  an  amend- 
ment to  the  amendment.  Here,  however, 
the  process  must  end,  for  there  must  some- 
where be  a  limit  or  confusion  would  ensue. 
The  general  judgment  of  assemblies  has 
settled  upon  the  limitation  of  amendments 
to  the  second  degree.  If  the  amendment 
to  the  amendment  is  not  satisfactory  to 
the  assembly  it  can  be  voted  down,  and 
then  a  new  amendment  to  the  amendment 
will  be  in  order,  which  in  its  turn  can  be 
rejected,  and  so  on  until  the  assembly  is 
satisfied.  (See  Sec.  149.) 

134.  Amendment  —  One  only  at  a 
Time. —  When  an  amendment  is  pending 
all  other  amendments  must  be  confined  to 
that.  Two  amendments  to  different  parts 
of  the  proposition  can  not  be  pending  at 
the  same  time.  The  one  originally  pend- 
ing must  be  disposed  of  before  another 
can  be  entertained.  It  would  not  be  in 
order,  for  instance,  pending  an  amendment 
to  one  part  of  the  proposition  to  entertain 
another  relating  to  another  part.  One 
thing  at  a  time  is  a  most  rigorous  necessity 
for  all  successful  parliamentary  procedure. 


§  135  AMENDMENTS.  97 

135.  Amendment    by    Insertion    of 
Words. —  This  is  the  simplest   form  of 
amendment,  and  presents  no  difficulties. 
The  motion  should  state  the  words  to  be 
inserted  and  the  place  of  insertion.     The 
description  of  the  place  where  they  are  to 
be  inserted  should  be  definite,  describing 
the  words  in  the  original  proposition  after 
which  are  to  be  placed  the    amendatory 
words.     If  no  amendment  to  the  amend- 
ment is  offered,  and  no  one  rises  to  debate, 
the  question  is  then  put  by  the  Chair  in  this 
way:     "  It  is  moved  to  insert  the  follow- 
ing words  (reading  them)  in   this   place 
(describing  it),  and  the  question  is,  Will  the 
assembly  agree  to  the  amendment  ? " 

136.  Amendment  by  Inserting  —  Ef- 
fect  of  Action. —  If    the   amendment  is 
decided  in   the  negative,  it   can   not  be 
repeated,  although  it  may  be  again  pro- 
posed to  insert  the  same  words  with  others, 
or  a  part  of  the  same  words  with  others, 
provided  a  substantially  new  proposition 
be  thereby  presented.     Part  of  the  same 
•words  can  not  be  again  proposed  to  be 
inserted,  not  only  because  the   assembly 
has  decided  against  it,  but  because  that 

7 


98  PARLIAMENTARY    RULES.  §  137 

object  might  have  been  attained  by  an 
amendment  to  the  amendment,  and  since 
it  was  not  so  attained  the  assembly  is  pre- 
sumed to  have  decided  against  it  specific- 
ally. If  the  amendment  is  decided  in  the 
affirmative,  then  the  words  inserted  can 
not  any  of  them  be  stricken  out,  except 
with  other  words,  and  then  only  when,  with 
other  words,  they  constitute  a  new  prop- 
osition. These  limitations  rest  upon  the 
idea  that  when  an  assembly  has  come  to  a 
conclusion,  that  conclusion  is  not  to  be 
questioned.  Otherwise  nothing  would  stay 
done. 

137.  Amendment  by  Striking-  Out. — 
This  amendment  also  is  simple.  The 
motion  should  state  the  words  proposed  to 
be  stricken  out,  and  their  position  in  the 
original  proposition.  If  no  amendment  to 
the  amendment  be  offered,  and  no  debate 
proposed,  the  question  is  then  put  by  the 
Chair:  "  It  is  moved  that  the  following 
words  (stating  them)  in  such  a  place 
(describing  it)  be  stricken  out,  and  the 
question  is,  Will  the  assembly  agree  to  the 
amendment." 


§  138  AMENDMENTS.  99 

138.  Amendment    by   Striking  Out, 
Continued  —  Effect   of  Action. — If   the 

amendment  to  strike  out  be  decided  in  the 
negative,  it  can  not  be  renewed  as  to  the 
whole  or  a  part  of  the  words.  A  negative 
vote  is  a  decision  on  the  part  of  the  assem- 
bly that  the  words  proposed  to  be  stricken 
out  shall  stand  part  of  the  main  question. 
It  may,  however,  be  proposed  that  these 
words  with  others,  or  a  part  of  these  words 
with  others,  be  stricken  out,  provided  the 
words  newly  proposed  to  be  stricken  out 
constitute  substantially  a  new  proposition 
different  from  the  one  already  decided. 
In  like  manner  if  a  motion  to  strike  out  a 
paragraph  be  lost,  the  paragraph  can  not 
be  amended.  Hence  all  motions  to  amend 
a  paragraph  should  be  put  before  the 
motion  to  strike  out  is  put. 

139.  If  the  amendment  to  strike  out  be 
decided  in  the  affirmative,  then  the  words 
stricken  out  definitively  cease  to  be  a  part 
of  the  main  question  and  can  not  be  rein- 
stated in  whole  or  in  part;  but  the  same 
words  with  others,  or  a  part  of  the  same 
words  with  others,  may  be  inserted,  pro- 
vided they  constitute  substantially  a  new 


100  PARLIAMENTARY    RULES.  §  140 

proposition.  In  the  United  States  House 
of  Representatives,  by  Rule  XVI,  a  motion 
to  strike  out  being  lost  does  not  preclude 
amendment  of  words  proposed  to  be 
stricken  out.  Under  that  rule  it  is  as  if  no 
such  motion  had  been  made. 

140.  Amendment  by  Striking  Out 
and  Inserting.  —  The  amendment  by 
striking  out  and  inserting  is  a  combination 
of  both  the  forms  of  amendment  already 
described.  It  consists  of  a  proposition  to 
strike  out  certain  words  in  the  main  ques- 
tion or  pending  question  and  to  insert 
certain  other  words.  It  is  in  most  cases 
the  substitution  of  one  set  of  words  for 
another.  It  therefore  embodies  in  itself 
all  the  results  of  both  the  first  two  forms 
of  amendment  combined.  The  words  pro- 
posed to  be  inserted  need  not  be  inserted 
in  the  same  place  as  the  words  stricken 
out;  they  may  be  inserted  in  different 
parts  of  the  paragraph. 

Amendment  by  way  of  substitute  is  a 
short  and  informal  method  of  striking  out 
and  inserting  usually  applied  to  whole 
paragraphs  or  bills,  and  is  made  by  offering 
a  new  paragraph  or  bill  as  a  substitute  for 


§141  AMENDMKNTS  1C1 

the  old,  and  upon  adoption  the  old  para- 
graph or  bill  is  stricken  out  and  the  new 
one  inserted. 

141.  Motion  to  Strike  Out   and  In- 
sert    Indivisible. —  The    earlier    author- 
ities left  it  in  doubt  whether  this  double 
motion  could  be  divided  or  not;  but  the 
modern  practice  is  to  regard  the  motion 
as  indivisible.     The  rules  of  the  House  of 
Representatives  declare  the  motion  to  be 
indivisible,  and  the  practice  of  the  country 
has  conformed  to  this  rule.     The  practical 
results    have     justified     the    change.     A 
division   of   the   question   leads   in  many 
cases  to  great  confusion. 

142.  Motion  to  Strike  Out   and  In- 
sert—Effect of  Negative  Action. —  If 
the  motion  to  strike  out  and  insert  be  de- 
cided in  the  negative  it  can  not  be  renewed 
in  the  same  terms;  but  inasmuch  as  it  is  a 
combination  of  the  motion  to  strike  out 
and   the  motion    to   insert,  the   negative 
result  does  not  prevent  a  great  variety  of 
subsequent    motions    to    strike    out    and 
insert,  or  to  strike  out  or  to  insert,  some  of 
which  are  as  follows: 

i  st.  To  strike  out  the  same  words  and 
insert  nothing. 


102  PARUAVF.ITTAR'Y    RULES.  §143 

2d.  To  strike  out  the  same  words  and 
insert  other  words. 

3d.  To  strike  out  the  same  words  and 
insert  part  of  the  proposed  words. 

4th.  To  strike  out  the  same  words  with 
others  and  insert  the  proposed  words. 
"  5th.  To  strike  out  the  same  words  with 
others   and  insert  part   of    the   proposed 
words. 

6th.  To  strike  out  part  of  the  same 
words  and  insert  the  proposed  words  or 
part  of  them. 

yth.  To  strike  out  part  of  the  same 
words  and  insert  other  words. 

8th.  To  strike  out  nothing,  but  insert 
the  same  words  proposed. 

Still  other  varieties  may  be  suggested, 
but  those  named  may  give  an  idea  of  the 
others.  Of  course  each  one  of  these 
motions  must  involve  a  substantially  new 
proposition. 

143.   Motion  to  Strike  Out  and  Insert 

-Effect  of  Affirmative  Action.— If  the 

motion  to  strike,  out  and  insert  prevails, 

then  the  words  inserted,  or  any  of  them, 

can  not  be  stricken  out. 

This,  however,  does  not  preclude  the 


§  144  AMENDMENTS.  103 

insertion  of  the  same  with  other  words,  or 
a.  part  of  the  same  words  with  others,  or 
to  strike  out  the  same  words  with  others, 
or  part  of  the  same  words  with  others. 
To  state  this  in  another  form,  the  preva- 
lence of  the  motion  to  strike  out  and  insert 
does  not  prevent  further  use  of  the  motion 
to  strike  out  and  the  motion  to  insert,  but 
the  decision  of  the  assembly  already  made 
must  not  be  overthrown,  though  it  may  be 
modified. 

144.  Motion  to  Strike  Out  and  Insert, 
etc.,  Which  Relates  to  Whole  Para- 
graphs. —  What  has  been  said  above 
applies  only  to  a  motion  to  strike  out 
certain  words  of  a  paragraph  and  substi- 
tute others  therefor.  Sometimes  a  motion 
is  made  to  strike  out  a  paragraph,  or  to 
insert  a  paragraph,  or  to  strike  out  one 
paragraph  and  substitute  another.  As 
these  motions  apply  to  the  whole  para- 
graph, leaving  no  words  remaining  on 
which  any  remedial  amendment  could  be 
ingrafted,  it  is  evident  that  in  such  cases  a 
new  principle  must  come  in.  Otherwise 
the  following  would  be  the  result:  A 
motion  to  strike  out  being  carried,  the 


104  PARLIAMENTARY    RULES.  §144 

paragraph  and  every  part  of  it  would  be 
definitively  out;  being  defeated,  the  para- 
graph would  be  unalterably  in.  So  if  a 
motion  to  strike  out  a  paragraph  and 
insert  another  were  made,  and  carried,  the 
one  would  be  out  irrevocably  and  the 
other  would  be  in  unchangeable.  In  this 
case  the  assembly  would  have  a  choice 
between  two  paragraphs  neither  of  which 
would  be  fully  acceptable.  It  is  true  that 
by  the  use  of  the  amendment  to  the  amend- 
ment the  result  desired  by  the  assembly 
might  possibly  be  arrived  at,  but  the 
process  would  be  too  complicated  for  an 
assembly,  and  hence  the  rules  hitherto 
laid  down  are  modified  as  to  amendments 
striking  out  and  inserting  whole  para- 
graphs. The  modification  is  that  where  a 
motion  is  made  to  strike  out  a  paragraph 
the  friends  of  the  paragraph  have  a  right 
to  perfect  it  by  amendment  before  the 
motion  to  strike  out  is  put.  Whenever  a 
motion  to  strike  out  a  paragraph  and 
insert  another  is  made,  the  friends  of  each 
paragraph  have  a  right  to  amend  so  as 
to  make  it  acceptable,  beginning  with  the 
paragraph  proposed  to  be  stricken  out. 


§  145  AMENDMENTS.  105 

It  will  be  seen  that  this  renders  the  motion 
to  strike  out  and  insert  the  equivalent  of 
the  amendment  called  a  substitute.  After 
the  friends  of  both  paragraphs  have  had 
an  opportunity,  with  the  assistance  of  the 
whole  assembly,  to  perfect  them,  then  the 
vote  is  taken  as  between  the  two  in  their 
perfected  form. 

145.  Methods  of  Striking  Out  and 
Inserting  in  the  United  States  House 
of  Representatives.— Under  the  rules 
of  the  United  States !  House  of  Represent- 
atives an  amendment  and  an  amendment 
to  the  amendment  may  be  pending,  and 
also  a  further  amendment  by  way  of  a 
substitute,  to  which  one  amendment  may 
be  offered,  but  which  shall  not  be  voted  on 
until  the  original  matter  is  perfected. 
Accordingly  in  the  House  the  custom  is 
not  to  move  to  strike  out  a  paragraph, 
section,  or  bill  and  insert  another,  but  to 
offer  a  substitute.  The  original  is  then 
perfected,  and  after  that  the  substitute,  and 
then  the  House  decides  which  it  will  have. 
If  it  desires  neither,  it  votes  against  the  sub- 
stitute, and  then  on  a  motion  to  strike  out 
it  decides  against  the  original  paragraph. 


106  PARLIAMENTARY    RULES.  §  146 

146.  Practical    Suggestion.  —  If    the 

assembly  before  which  is  pending  a  sub- 
stitute or  a  motion  to  strike  out  and  in- 
sert desires  to  decide  against  both  proposi- 
tions, against  both  the  paragraph  as  it 
stands  and  the  proposed  amendment,  it 
should  decide  in  the  negative  as  to  the 
substitute  or  in  the  negative  as  to  the 
motion  to  strike  out  and  insert,  and  then 
on  a  new  motion  strike  out  the  paragraph. 

147.  Amendment  by  Striking  Out  a 
Paragraph  or  Inserting  a  Paragraph. 
• —  Whenever  a  motion  to  strike  out  a  para- 
graph is  pending,  it  is  in  order  for  the 
assembly    to   amend    the    paragraph,   its 
friends  being  entitled  to  perfect  it  before 
the  vote  on  striking  it  out  is  taken.     This 
is  because  if  the  motion  to  strike  out  is 
negatived,  it  is  equivalent  to  an  adoption 
of   the   words   of   the   paragraph   by   the 
assembly,  and  it  can  not  then  be  modified. 
Hence  it  must  be  amended  before  the  vote 
on  striking  out,  if  at  all. 

For  a  similar  reason  the  assembly  may 
modify  a  paragraph  proposed  to  be  inserted 
pending  the  motion  to  insert,  because 
when  the  motion  to  insert  has  prevailed 


g  148  AMENDMENTS.  107 

the  paragraph  inserted  becomes  the 
decision  of  the  assembly.  Hence  it  must 
be  modified  before  the  insertion,  as  it  can 
not  be  amended  after. 

148.  The  English  System  of  Putting 
Questions  of  Amendment— Although 
some  books  of  rules  give  the  English  form 
of  putting  the  question  on  amendments,  it 
really  had  very  little  prevalence  here  at 
any  time.  Our  habit  in  most  things  is  to 
go  directly  to  the  point,  and  hence  our 
presiding  officers  put  the  question  that  the 
words  be  inserted  or  stricken  out,  or  that 
certain  words  be  stricken  out  and  other 
words  inserted,  that  being  the  direct 
question  to  be  acted  on.  Or  they  say 
what  is  equivalent,  the  amendment  having 
been  repeated,  "  The  question  is  on  agree- 
ing to  the  amendment." 

The  English  method  of  putting  the  two 
motions  to  strike  out  and  to  strike  out 
and  insert  is  worth  knowing,  from  the 
light  it  throws  on  the  effect  of  action  on 
the  motions.  In  England  the  question  is 
not  put  that  the  words  be  stricken  out,  but 
that  the  words  proposed  to  be  stricken  out 
"do  stand  part  of  the  question."  This 


108  PARLIAMENTARY    RULES.  §  149 

reverses  the  motion,  and  an  affirmative 
decision  fixes  the  words  in  their  place, 
while  a  negative  decision  strikes  them  out. 
The  motion  to  strike  out  and  insert  is  put 
in  still  more  cumbersome  fashion.  It  is 
first  put,  "  Shall  the  words  proposed  to  be 
stricken  out  stand  part  of  the  question? " 
If  decided  in  the  affirmative,  then  of 
course  the  rest  of  the  question  is  not  put. 
If  in  the  negative,  then  the  rest  of  the 
amendment  may  be  put,  or  amended  and 
then  put.  With  this  way  of  putting  the 
question  one  may  see  a  little  more  clearly 
that  our  vote  not  to  strike  out,  being  the 
same  as  the  English  vote  that  the  words 
proposed  shall  "  stand,"  precludes  any 
change  in  the  words  thus  adopted  by  the 
assembly,  for  by  not  striking  them  out  we 
have  ordered  them  to  "stand." 

149.  Amendment  to  Amendments. 
(See  Sec.  133.) — Amendments  to  amend- 
ments are  the  same  in  character  and 
classification  as  original  amendments,  and 
are  divided  into  the  same  three  classes  and 
governed  by  the  same  rules.  After  it  has 
been  voted  on,  an  amendment  ceases  to 
exist  as  a  pending  amendment,  and  another 


§  150  AMENDMENTS.  109 

may  be  presented  until  the  assembly  is 
satisfied  that  all  needed  modifications 
have  been  made. 

150.  Amendment  —  Modification    by 
the   Mover. —  After  the  proposition  has 
once  been  stated  to  the  assembly  by  the 
presiding  officer  it  is  in  the  possession  of 
the  assembly,  and  can  not  be  withdrawn 
except   by  the   consent  of   the  assembly. 
Hence  it  follows  that  the  mover  has  no 
further  control   over  its  terms.     He   can 
not  modify  it  himself   or   assent  in   any 
way  that  will   bind   the   assembly  to  its 
modification  by  any  other  member. 

Nevertheless,  nothing  is  more  common 
than  a  modification  made  by  the  mover  or 
the  acceptance  by  him  of  an  amendment 
made  by  another,  but  all  this  must  be 
understood  to  be  done  with  the  consent 
of  the  assembly,  and  can  be  prevented 
by  the  objection  of  any  member.  There- 
upon the  change  can  be  made  by  the  or- 
derly process  of  amendment,  as  already 
described. 

151.  Amendment  —  Division  of  the 
Question. —  When  the  main  question  is 
composed  of  more  than  one  distinct  prop- 


110  PARLIAMENTARY    RULES.  §  152 

osition,  it  may  be  divided  so  as  to  enable 
the  assembly  to  vote  on  each  proposi- 
tion separately,  but  each  proposition 
into  which  it  is  proposed  to  separate  the 
question  must  be  distinct  and  capable 
of  standing  by  itself  as  a  substantive 
proposition,  so  that  either  can  be  adopted 
alone  without  the  other  or  others  and 
still  be  an  intelligible  expression  of 
the  opinion  of  the  assembly.  A  division 
between  a  clause  and  its  proviso  could  not 
be  had,  for  instance,  because  the  proviso- 
standing  alone  would  mean  nothing. 

152.  Division,  continued — Who  May 
Demand  It. —  A  division  can  not  be  de- 
manded, as  of  right  by  any  member.  It 
must  be  made  pursuant  to  a  motion  stating 
precisely  the  division  asked  for,  which 
motion  can  be  amended.  The  presiding 
officer  can  decide,  subject  to  an  appeal  to 
the  assembly,  that  the  division  proposed 
can  not  be  made.  Otherwise  it  is  submit- 
ted to  the  assembly  and  decided  by  it.  In 
the  House  of  Representatives  under  the 
rules  any  member  may  demand  a  division 
of  the  question. 


§  153  AMENDMENTS.  Ill 

153,  Division  of  Question  Refused  — 
Method  of  Reaching  the  Same  Result. 

—  If  the  assembly  refuses  to  divide  the 
question,    then     the     question     may    be 
amended  by  propositions  to  strike  out  or 
by  a  substitute,  so   as   to  accomplish  the 
same  purpose.     For  example,  if  the  main 
question  consists  of  two  distinct  proposi- 
tions, and  is  divided,  and  one  adopted  and 
the  other  rejected,  it  is  the  same  as  if  a 
motion  to  strike  out  the  rejected  proposi- 
tion had  been  carried  and  then  the  main 
question  thus  amended  had  been  adopted. 

154.  Amendment — Filling  of  Blanks. 

—  Sometimes  a  measure  is  presented  to  an 
assembly    with     blanks     for     dates     and 
amounts.     In  that  case,  when  it  is  proposed 
to  fill  the  blanks,  the  propositions,  if  there 
be   more   than   one,    are   not    treated    as 
amendments,    but  are  marshaled  in  such 
order  that  the  largest  sum  or  the   long- 
est  time    is    put    first,    and   then   if    this 
proposal  be  rejected  the  next  largest  sum 
or  longest  time  is  put,  and  so  on  until  the 
blank  is  filled.     If  the  proposition  to  fill  a 
blank  were  treated  as  an  amendment,  the 
first  come  would  be  the  first  served,  but 


112  PARLIAMENTARY    RULES.  §  155 

the  assembly  would  in  many  cases  be 
deprived  of  the  proper  opportunity  to 
express  its  real  •  sentiments.  If,  for  ex- 
ample, it  were  proposed  to  put  in  various 
sums  ranging  from  $1,000  to  $5,000,  and 
an  amendment  for  $3,000  were  put  first, 
those  who  desired  to  have  $5,000  appro- 
priated might  not  dare  to  vote  against 
$3,000  for  fear  that  they  might  get  less. 
But  by  putting  the  question  first  on  the 
largest  sum  and  then  on  the  others,  the 
assembly  stops  where  a  majority  of  the 
voices  agree. 

See,  however.  Jefferson's  Manual,  Sec. 
29,  for  a  distinction  which  does  not  seem 
now  in  use.  In  the  House  of  Representa- 
tives a  motion  to  fill  a  blank  is  treated 
like  any  other  amendment. 

155.  Other  Methods  of  Amendment. 
—  It  often  happens  that  the  main  question, 
in  the  form  of  a  bill  with  sections  or  a 
report  with  paragraphs,  is  presented  in 
crude  shape,  so  as  to  require  transposition, 
consolidation,  or  revision.  The  most  satis- 
factory way  to  dispose  of  such  a  main 
question  is  to  refer  it  to  a  committee,  with 
or  without  instructions,  but  if  that  be 


§  166  AMENDMENTS.  113 

inconvenient,  various  expedients  may  be 
resorted  to.  Two  sections  which  ought  to 
be  one  may  be  consolidated  by  striking 
out  one  and  then  inserting  it  in  the 
other,  or  adding  it  thereto,  by  separate 
motions.  If  a  paragraph  or  section  is  mis- 
placed it  can  be  stricken  out,  and  when 
the  proper  place  for  it  is  reached  it  may 
be  inserted.  So  if  a  section  or  paragraph 
would  be  better  if  divided,  part  may  be 
stricken  out  and  inserted  as  a  new  para- 
graph or  section.  Such  changes  as  these, 
however,  are  generally  made  by  common 
consent  on  suggestion.  Where  such  alter- 
ations are  made  involving  alterations  of 
the  numbering  of  sections,  the  changes  of 
the  numbers  are  made  by  the  Clerk,  and 
need  no  motion. 

156.  Amendment  by  Striking  Out  All 
after  Enacting  Clause  and  Substituting 
a  New  Bill. —  This  form  of  amendment  is 
much  in  use  in  legislative  assemblies. 
After  the  bill  has  been  perfected  by 
amendments,  either  by  the  assembly  or 
by  the  Committee  of  the  Whole,  then  the 
member  in  charge  of  the  bill,  or  some 
other  member  having  the  floor  for  that 


114  PARLIAMENTARY    RULES.  §  157 

purpose,  moves  to  strike  out  all  after  the 
enacting  clause  and  substitute  another  bill 
on  the  same  subject.  This  is  the  motion 
to  strike  out  and  insert  applied  to  the 
whole  bill. 

157.  Amendment  by  Striking  Out  the 
Enacting  Clause. —  This  amendment,  also 
in  use  in  legislative  assemblies,  being  one 
which  would  leave  the   bill  without  the 
words  which  give  it  life  and  make  it  a 
law,  has  for  its  result  when  adopted  the 
complete  defeat  of  the  bill.     The  Morrison 
Tariff  Bill  in    the    Forty-ninth  Congress 
was  defeated  by  striking  out  the  enacting 
clause,  first  in  Committee  of  the  Whole 
and  afterward  in  the  House.    This  amend 
ment  is  not  in  order  until  the  bill  has  been 
gone  through  by  sections.    In  other  words, 
pending  the  motion  to  strike  out  the  enact- 
ing   clause,   motions  to  amend   so  as   tc» 
perfect    the    text    have    preference.     By 
special  rule  in  the  House  of  Representa- 
tives, however,  striking  out  the  enacting 
clause  takes  precedence  of  amendments. 

158.  Method  of  Stating  Amendments 
to  the  Assembly. —  In  ordinary  cases  the 
presiding  officer  states  the  question  as  it 


§  159  AMENDMENTS.  115 

is  written  out  by  the  mover,  but  at  the 
request  of  any  member,  or  on  his  own 
suggestion,  if  he  deems  it  needful  to  enable 
the  assembly  to  comprehend  the  action 
proposed,  he  reads,  or  causes  to  be  read, 
first,  the  paragraph  or  section  proposed  to 
be  amended  as  it  stands ;  second  the 
motion  to  amend,  and  finally  the  para- 
graph or  sentence  as  it  will  stand  if 
amended. 

159.  Limitation  as  to  Amendments. 
—  In  theory,  amendments  are  made  to 
perfect  the  main  question,  and  to  enable 
it  to  obtain  the  vote  of  the  assembly,  but 
if  the  assembly  is  opposed  to  the  question 
it  is  not  confined  to  a  direct  negative.  It 
may  oppose  it  in  various  ways.  Hence 
the  enemies  of  the  proposition  may  pre- 
sent such  amendments  as  will  render  it 
obnoxious  to  the  assembly  and  cause  its 
rejection.  They  may  also  change  and 
reverse  its  purpose,  make  praise  out  of 
censure,  condemn  instead  of  approve,  or 
otherwise  alter  the  meaning.  Hence  it 
often  happens  that  the  proposer  of  a  meas- 
ure does  not  get  off  with  a  simple  defeat. 
Sometimes  his  own  weapon  is  turned  on 


113  PARLIAMENTARY   RULES.  §  159 

him,  and  he  has  to  vote  against  his  own 
motion,  which  has  been  so  changed  as  no 
longer  to  express  his  will.  These  amend- 
ments, however,  are  often  made  so  as  to 
relieve  the  assembly  from  awkwardness  of 
voting  either  for  or  against  a  proposition. 
As  an  example  of  the  kind  of  amendments 
permitted,  May  (page  285,  eighth  edition) 
gives  a  proceeding  in  the  House  of  Com- 
mons, in  1802,  where  the  minority  moved 
an  address  of  thanks  to  the  king  for  hav- 
ing removed  Mr.  Pitt.  Whereupon  the 
majority  struck  out  all  the  words  after  the 
first,  and  substituted  an  eulogium  of  Mr. 
Pitt's  policy.  In  another  case,  given  by 
Professor  Mell  in  his  excellent  book  on 
Parliamentary  Law,  if  was  proposed  by  a 
religious  convention  to  indorse  a  newspa- 
per in  a  State.  A  very  malapropos  amend- 
ment, adding  the  name  of  a  newspaper  in 
another  State,  was  offered.  The  assembly 
did  not  desire  to  be  offensive  to  the  news- 
paper in  the  other  State,  and  so,  instead  of 
voting  it  down,  added  u  all  other  religious 
newspapers,"  and  the  amendment  thus 
amended  was  negatived  unanimously,  and 
the  disagreeable  incident  closed. 


§160  AMENDMENTS.  117 

But  while  an  amendment  can  not  be 
ruled  out  because  it  changes  the  object  of 
the  proposition,  yet  it  is  not  admissible 
when  it  merely  changes  the  affirmative. 
The  insertion  of  the  word  "not  "or  the 
striking  it  out  is  not  a  proper  amendment, 
since  it  does  not  change  the  question,  but 
merely  reverses  the  vote.  It  would  require 
two  votes  where  one  would  accomplish  the 
object. 

160.  Amendments  Must  Be  Germane. 
—  Notwithstanding  what  has  been  said  as 
to  the  wide  range  which  amendments  may 
take,  yet  there  is  a  limitation.     They  must 
be   germane   or  relevant   to   the   subject 
matter  of  the  original  proposition.     It  is 
impossible  to  lay  down  any  precise  rule 
upon  this  subject,  and  much  depends  on 
the  good   sense  of   the  presiding  officer. 
A  rule  of  the  House  of  Representatives  is 
declaratory  of  the  general  parliamentary 
law,  and  expresses  it  in  these  words,  "  No 
motion  or  proposition  on  a  subject  differ- 
ent from  that  under  consideration  shall  be 
admitted  under  color  of  amendment." 

161.  Incompatibility     or      Inconsist- 
ency.—  An  amendment  may  be  inconsist- 


118  PARLIAMENTARY    RULES.  §  162 

ent  or  incompatible  with  the  words  left  in 
the  bill,  or  with  other  amendments  already 
adopted,  but  that  is  for  the  assembly  to 
decide,  and  not  for  the  presiding .  officer. 
For  him  to  pass  upon  such  a  question 
would  be  very  embarrassing  to  the  assem- 
bly, and  still  more  so  to  him.  So,  also,  the 
question  of  constitutionality  is  not  for  him 
to  decide.  Incompatibility,  inconsistency, 
and  unconstitutionality  are  matters  of 
argument. 

CHAPTER  X. 

Conduct    of    Business, 
Continued. 

162.  Privileged  and  Incidental  Mo- 
tions.—  All  the  motions  already  enumer- 
ated and  described  except  the  main  ques- 
tion are  called  subsidiary,  because  they 
tend  to  modify  the  position  of  the  main 
question  or  the  main  question  itself. 
They  tend  to  the  disposal  of  the  main 
question  by  obtaining  in  various  ways  the 
opinion  of  the  assembly.  To  refuse  to 
consider  the  main  question  at  all,  to  dis- 


§  163  SUBSIDIARY    MOTIONS.  119 

continue  consideration  until  some  other 
particular  time,  or  to  decline  finally  to 
continue  its  consideration,  disposes  of  it 
indirectly.  It  is  a  rejection  sometimes 
temporary,  sometimes  final.  Although 
nominally  these  motions  only  change  the 
position  of  the  question,  yet  they  are  often 
equivalent  to  a  direct  adverse  vote. 

163.  Before  considering  the  other  mo- 
dons  possible,  it  is  well  to  pass  in  review 
chose  already  described,  and  to  submit  a 
few  suggestions  generally.  Let  us  first 
restate  them  in  their  order  of  precedence. 

Subsidiary  Motions. 

First  Rank. —  Question  of  considera- 
tion. 

Second  Rank. —  To  lay  on  the  table. 

Third  Rank.—  To  postpone  to  a  day 
certain. 

To  commit  or  recommit* 

To  postpone  indefinitely. 

For  the  previous  question. 

Fourth  Rank.—  To  amend. 

First  Rank. —  The  question  of  con- 
sideration  takes  precedence  of  all  other 


120  PARLIAMENTARY    RULES.  §  163 

questions,  but  must  be  moved  as  soon  as 
the  question  is  stated  by  the  presiding 
officer.  If  debate  has  begun,  or  any 
other  motion  has  been  put,  then  it  will  be 
too  late  to  demand  that  the  question  of 
consideration  shall  be  determined. 

Second  Rank. —  After  the  assembly  has 
determined  to  consider  the  question,  then  . 
a  motion  to  lay  on  the  table  can  be  enter- 
tained, and  has  precedence  of   all  other 
remaining  subsidiary  motions. 

Third  Rank. —  It  will  be  seen  that  in  the 
third  rank  there  are  placed  four  motions. 
They  are  placed  together  because  they 
are  of  equal  rank  and  neither  can  displace 
the  other.  The  one  first  moved  must  be 
the  one  first  disposed  of  before  either  of 
the  others  will  be  in  order.  For  example, 
if  a  motion  to  postpone  of  either  kind  is 
pending,  a  motion  for  the  previous  ques- 
tion can  not  be  received,  nor  a  motion  to 
commit.  So  if  a  motion  to  commit  is 
pending,  a  motion  to  postpone  can  not  be 
received.  So,  also,  pending  the  previous 
question,  a  motion  to  commit  or  postpone 
would  not  be  admissible. 

Fourth  Rank.— To  amend.    The  mo- 


§  164  SUBSIDIARY   MOTIONS.  121 

tion  to  amend  has  the    last    place   and 
priority  over  no  other  motion. 

164.  Applicability  of  Subsidiary  Mo- 
tions to  Each  Other. —  As  a  rule,  sub- 
sidiary motions  can  not  be  applied  to  each 
other.     The  motion  to  amend  or  commit 
can  not  be  applied  to  the  motion  to  lay 
on  the  table,  to  the  previous  question,  to 
the   question  of  consideration,  or  to  the 
motion  to  indefinitely  postpone.     The  mo- 
tion to  commit  can  not  be  applied  to  the 
motion   to   amend  or  to    the    motion   to 
postpone  to  a  day  certain.     Nor  can  the 
previous  question,  or  either  of  the  post- 
ponement motions,  be  applied  to  each  other 
or  any  of  the  other  motions.     But  there 
are  the  following  exceptions: 

165.  Exceptions. —  A  motion  to  amend 
can  itself  be   amended,  as  can   also   the 
motion  to  postpone  to  a  day  certain,  and 
the  motion  to  commit.     In  the  latter  case 
the  amendment  may  add  instructions  or 
change  the  committee. 

166.  Effect  of  Motions  of  Higher  Rank 
Upon  Those  Over  Which  They  Have 
Precedence  When  the  Inferior  Motions 
Are  Pending. —  The  adoption  of  a  superior 


122  PARLIAMENTARY    RULES.  §  16? 

motion  while  inferior  motions  are  pending 
has  the  same  effect  upon  them  as  it  has 
upon  the  main  question.  If  it  is  not 
adopted,  the  result  is  the  same  as  if  it  had 
not  been  made,  except  that  it  can  not 
again  be  offered  until  such  lapse  of  time 
and  change  of  condition  as  rr.akes  it  a  new 
motion.  For  example,  a  motion  to  com- 
mit adopted  sends  pending  amendments 
to  the  committee  as  well  as  the  main 
question.  The  previous  question,  when 
adopted,  requires  a  vote  on  pending 
amendments  first.  A  motion  to  lay  on 
the  table,  if  agreed  to,  carries  to  the  table 
previous  question,  motion  to  commit, 
amendment  or  postponement,  or  any  other 
motion  which  may  be  pending. 

167.  Privileged  Motions.— The  mo- 
tions principal  (or  main  question)  and 
subsidiary  already  enumerated  and  de- 
scribed are  motions  relating  strictly .  to 
the  progress  of  the  particular  business 
before  the  assembly.  This  is  true  although 
a  favorable  vote  on  some  of  them,  such  as 
to  lay  on  the  table  under  the  Congressional 
practice,  to  postpone  indefinitely,  and  to 


§  167  PRIVILEGED    MOTIONS.  123 

refuse  to  consider,  is  to  cause  the  main 
question  to  be  lost  indirectly.  But  it 
should  always  be  remembered  that  the 
rejection  of  a  proposition  is  just  as  much 
the  progress  of  business  as  its  acceptance. 
u  No  "  just  as  properly  expresses  the  will 
•of  an  assembly  as  "yes."  A  verdict  for 
the  defendant  is  just  as  much  the  progress 
of  the  business  of  a  lawsuit  as  a  verdict 
for  the  plaintiff. 

There  are,  however,  other  motions,  prop- 
erly called  privileged  motions,  which  do 
not  concern  themselves  with  the  progress 
of  the  main  question,  but  with  the  exist- 
ence of  the  assembly,  the  performance  of 
its  functions  generally,  its  police  and  good 
order.  They  concern  only  incidentally  the 
main  question,  which  is  for  the  moment 
before  the  assembly,  and  that  only  so  far  as 
they  delay  action  by  the  taking  up  of  the 
time.  Yet  these  very  motions,  which  do 
not  concern  the  business  before  the  assem- 
bly, have  precedence  over  all  others.  This 
is  because  they  are  essential,  not  only  to  this 
particular  business,  but  to  the  existence  of 
the  assembly  itself  as  a  working  parlia- 
mentary body. 


124  PARLIAMENTARY   RULES.  §  168 

No  assembly  can  work  all  the  time; 
hence  it  must  have  the  right  to  adjourn, 
and  under  certain  circumstances  to  take  a 
recess,  and  also  to  fix  the  time  to  which  it 
will  adjourn.  So,  also,  an  assembly,  or  one 
of  its  members,  may  be  so  attacked  that  the 
good  effect  of  its  action  may  be  greatly 
impaired.  Unless  the  attack  can  be  re- 
pelled, the  effect  of  its  action  may  be  lost. 
Hence  arise  questions  of  privilege,  by  the 
aid  of  which  the  assembly  may  set  itself 
right  with  the  community,  or  the  member 
may  have  proper  action  taken  to  reinstate 
him  in  public  confidence  as  a  member. 
These  privileged  motions  are  as  follows: 

168.  Privileged  Motions. —  First,  mo- 
tions to  adjourn.  Second,  motions  to  fix 
the  time  to  which  the  assembly  shall  ad- 
journ. Third,  motion  for  a  recess.  Fourth, 
Questions  of  personal  privilege  relating  to 
the  assembly.  Fifth,  questions  of  per- 
sonal privilege  relating  to  the  member. 

In  addition  it  should  be  said  that  there 
may  emergencies  arise  so  immediate  that 
action  must  be  taken  because  of  them.  A 
fire  may  break  out,  or  some  sudden  danger 
may  occur.  In  such  an  event  the  presid- 


§  169  PRIVILEGED   MOTIONS.  125 

ing  officer  must  assume  the  responsibility 
of  calling  upon  the  assembly  for  immedi- 
ate action,  by  putting  motions  otherwise 
not  in  order,  trusting  to  the  approval  of 
the  assembly  afterward.  These  occasions 
are  so  rare,  however,  and  the  assembly  so 
likely  to  be  unanimous,  that  they  hardly 
need  mention. 

The  first  three  motions  are  called  privi- 
leged motions,  and  the  last  two,  questions 
of  privilege. 

169.  Motion  to  Adjourn  —  Highly 
Privileged. —  The  motion  to  adjourn  is 
a  motion  which  enables  the  assembly  to 
rest  from  its  labors,  and  is  highly  privi- 
leged. It  is  frequently  said  that  a  motion 
to  adjourn  is  always  in  order,  but  there 
are  too  many  exceptions  for  the  rule  to  be 
so  succinctly  laid  down.  A  motion  -to 
adjourn  can  not  take  a  member  from  the 
floor,  can  not  interrupt  the  verification  of 
a  vote,  and  can  not  be  entertained  while 
an  assembly  is  dividing.  It  can  not  be 
repeated  until  some  business  has  inter- 
vened, and  in  the  United  States  House  of 
Representatives  it  yields  to  the  presenta- 
tion of  a  conference  report. 


126  PARLIAMENTARY    RULES.  §  17C 

170.  Exception  —  When  to  Adjourn 
Would  be  to  Dissolve. —  When  an  assem- 
bly has  not  fixed  the  day  to  which  it  shall 
adjourn,  and  it  is  not  otherwise  limited  by 
law,  an  adjournment  would  be  equivalent 
to  a  dissolution,  and  would  have  no  privi- 
lege whatever  over  other  motions.     In- 
deed, unless  some  time  in  such  cases  has 
been  fixed  for  the  next  meeting  the  motion 
to  adjourn  should  not  be  entertained  by 
the  presiding  officer,  unless  he  puts  it  as  a 
motion  to  dissolve,  which  would  have  no 
priority,  and  indeed  none  of  the  peculiar- 
ities of   a  motion   to   adjourn.     It  would 
be    debatable.     An    ordinary    motion    to 
adjourn  is,  as  its  very  name  implies,  a  prop- 
osition to  resume  another  day,  and  means 
an  intermission.     This  motion  for  an  inter- 
mission needs  no  debate.     A  proposition 
to  destroy  the  assembly  would  evidently 
open  up  a  wide  field  for  debate. 

171.  Motion  to  Fix  a  Time  to  Which 
an  Assembly  Shall  Adjourn. —  This  mo- 
tion is,  like  the  motion  to  adjourn,  a  motion 
highly  privileged,  when  no  time  has  been 
dele /mined  upon  as  the  regular  hour  of 
meeting  after  each  adjournment.     Such  a 


§  172  PRIVILEGED   MO'iIONS.  127 

motion  is  in  order  as  against  any  pending 
motion,  including  the  motion  to  adjourn 
itself.  It  does  not,  however,  have  privi- 
lege over  a  motion  for  a  recess  already 
pending. 

But  if  the  assembly  has  already  fixed 
the  time  for  the  regular  meeting  after  ad- 
journment, the  motion  to  fix  the  time  to 
which  the  assembly  shall  adjourn  has  no 
privilege  or  priority  over  pending  motions. 

172.  Practical  Observations. — In  small 
and  informal  assemblies,  a  motion  to  ad' 
journ,  no  time  having  been  fixed  for  the 
next  meeting,  has  frequently  embodied  in. 
it  a  provision  relative  to  the  time  to  which 
the  adjournment  is  to  be  had,  such  as  a 
motion  to  adjourn  to  meet  to-morrow  at  10 
o'clock  A.  M.     Such  a  motion  would  be  de- 
batable,  amendable,   and  privileged,  but 
could  not  be  repeated  until  some  business 
had  intervened.     In   case   of    anticipated 
contest,  however,  the  two  motions  had  bet- 
ter be  kept  separate,  to  avoid  confusion. 

173.  Practical     Suggestions.  —  Inas- 
much as   a  motion   to  adjourn  in  a  case 
where  no  day  or  date  of  reassembling  had 
been  fixed  would,  if  carried,  work  a  disso- 


128      .  PARLIAMENTARY   RULES.  §  1?4 

lution,  whether  so  intended  or  not,  and  as 
fixing  a  date  each  day  would  be  very  in- 
convenient, the  wisest  thing  for  an  assem- 
bly to  do  would  be  to  fix  as  early  as  possi- 
ble the  time  for  meeting  each  day  as  long 
as  the  assembly  is  to  continue.  When  the 
assembly  is  likely  to  take  a  recess  each 
day,  the  time  for  that  had  better  be  de- 
cided upon  as  early  as  possible. 

174.  Motion  for  a  Recess. — Where,  by 
a  special  rule  or  order,  the  time  has  been 
fixed  at  which   the  session  shall    be  re- 
sumed, the  motion  for  a  recess  is,  like  the 
motion  to  adjourn,  highly  privileged,  and  is 
not  amendable  or  debatable.     Under  other 
circumstances  the  motion  is    not    privi- 
leged at  all,  and  can  be  made  only  when 
there  is  no  other  business  before  the  as- 
sembly.   Where  a  recess  has  been  ordered 
to  begin  at  a  future  time,  a  motion  to  ad- 
journ   adopted   before   that   time    carries 
the  assembly  to  the  next  regular  session. 
(For  Rule  of    House  of  Representatives, 
see  Sec.  265.) 

175.  Effect  of  No  Quorum  on  These 
Privileged    Questions. —  The  motion  to 
adjourn  does  not  require  the  presence  of 


§176  PRIVILEGED   MOTIONS.  129 

a  quorum.  The  other  motions  do.  But 
there  must  be  an  exception  in  the  case  of 
the  motion  to  fix  a  time  to  which  it  will  ad- 
journ, the  assembly  not  having  previously 
determined  upon  a  time.  In  such  a  case 
the  motion  to  adjourn  to  meet  at  a  stated 
time  must  be  in  order,  and  determinable 
by  whoever  is  present.  Otherwise  the  as- 
sembly might  be  dissolved  by  less  than  a 
quorum. 

In  the  French  Chamber  of  Deputies, 
where  a  majority  is  a  quorum,  the  order 
of  business  for  the  next  day,  and  the  next 
day  of  meeting  itself,  is  fixed  at  the  close 
of  the  preceding  session.  No  quorum  is 
required.  This  arises  from  necessity,  and 
is  sustained  upon  the  view  that  the  Cham- 
ber next  session  has  power  to  alter  the  or- 
der of  the  day,  or  may  adjourn  if  it  does 
not  want  to  sit. 

176.  Effect  of  an  Adjournment. —  The 
effect  of  an  adjournment  is  simply  to  post- 
pone to  another  day  the  question  under 
consideration,  if  there  we're  one,  and  after 
the  reading  of  the  journal  the  unfinished 
business  of  the  preceding  day  would  be  in 
order  as  if  no  adjournment  had  taken 

9 


130  PARLIAMENTARY    RULES.  §  177 

place.   This  is  true,  of  course,  in  the  absence 
of  special  rules. 

177.  These  Motions  in  the  House  of 
Representatives. —  By  special  rules  the 
motions  to  fix  a  day  to  which  the  House 
shall  adjourn,  to  adjourn,  and  to  take  a 
recess  have  precedence  of   all  other  mo- 
tions, and  are   always  in  order,  the  first 
and  third  being  amendable  and  all  not 
debatable. 

In  the  Fifty-first  Congress  all  three 
motions  were  relegated  to  their  normal 
places  under  general  parliamentary  law. 
In  all  other  Congresses  of  late  years  except 
the  Fifty-first,  the  rules  have  been  so  con- 
strued that  an  infinite  succession  of  these 
motions  can  be  had,  and  the  public  busi- 
ness be  made  to  cease  at  the  will  of  a 
small  minority  of  the  House. 

178.  Questions  of   Privilege. —  Ques- 
tions of  privilege  are  defined  by  the  House 
of    Representatives  in    a  rule    which    is 
declaratory  of  general  parliamentary  law 
as,  "  first,  those  affecting  the  rights  of  the 
House  collectively,  its  safety,  dignity,  and 
the  integrity  of  its  proceedings.     Second, 
the  rights,  reputation,  and  conduct  of  mem- 


§  179  PRIVILEGED   MOTIONS.  131 

bers  individually  in  their  representative 
capacity."  Examples  of  breaches  of  privi- 
lege of  the  first  class  are  disorder  in  the 
gallery,  surrounding  the  assembly  with 
soldiers  or  with  a  mob,  divulging  the 
secrets  of  the  body,  tampering  with  a  bill. 
Examples  of  the  second  class  are  an  offer 
to  bribe  a  member,  threats  used  toward  a 
member  by  a  witness,  a  duel  between 
members. 

179.  Questions  of  Privilege,  When  in 
Order. —  The  questions  of  privilege  among 
themselves  take  this  order:     First,  ques- 
tions which  relate  to  the  assembly  itself; 
second,    questions    which    relate    to    the 
member.      A    question     concerning     the 
whole  House  would  have  superiority  over 
one   concerning  the   member,  but   either 
takes    precedence  of    all    other    motions 
except  the  motion  to  adjourn.     They  may 
even  take  a  member  from  the  floor,  inter- 
rupting his  remarks. 

180.  Questions  of  Privilege,  toWhom 
Addressed. —  Questions  of  privilege  are 
in  the  first  instance  addressed  to  the  pre- 
siding officer,  who  first  decides  whether 
the  questions  are  questions  of  privilege. 


132  PARLIAMENTARY    RULES.  §  181 

As  soon  as  he  is  satisfied  upon  that  point, 
he  makes  a  ruling,  which  may  be  the  sub- 
ject of  appeal.  If  the  ruling  be  that  the 
question  presented  is  not  a  question  of 
privilege,  then  the  business  before  the 
assembly  proceeds.  If  the  question  is 
decided  to  be  a  question  of  privilege,  then 
it  is  for  the  assembly  to  take  action,  as 
upon  any  other  question,  by  motion  and 
subsidiary  motions.  After  the  assembly 
has  disposed  of  the  question  of  privilege,  it 
resumes  the  business  which  was  inter- 
rupted by  the  question. 

181.  Incidental  Questions.  —  Besides 
the  principal  and  subsidiary  motions,  and 
the  privileged  questions  which  are  liable 
to  interrupt  them,  there  is  another  class  of 
questions  called  incidental  questions.  As 
the  name  implies,  these  questions  arise 
incidentally  out  of  both  the  subsidiary  and 
privileged  motions,  and  are  capable  of 
interrupting  either  in  proper  cases.  These 
are: 

First,  questions  of  order. 

Second,  reading  of  papers. 

Third,  withdrawal  of  a  motion. 

Fourth,  suspension  of  a  rule. 


§  182  QUESTIONS   OF   ORDER.  133 

Fifth,  division  of  the  question. 
Sixth,  motions  as  to  method  of  consider- 
ation. 

182.  The  First  Question  of  This  Kind 
Is  a  Question  of  Order. —  The  assembly, 
and  each  member  of  it,  is  entitled  to  have 
the  business  proceed  in  order.     The  rules 
of  the  body  itself  and  the  rules  of  parlia- 
mentary   law    must    be    observed.     The 
duty  of  the  presiding  officer  at  all  times  is 
to  see  that  the  business  proceeds  in  proper 
order.     If,   however,   for   any  reason  he 
allows  the  assembly  to  wander  from  the 
rules,  and  from  proper  parliamentary  pro- 
cedure, the  remedy  is  easy.     If  the  busi- 
ness before  the  assembly  is  not  being  con- 
ducted in  order,  any  member  has  a  right 
to  call  the  attention  of  the  presiding  officer 
and   of    the    assembly   to    the    fact,   and 
thereby  to  cause  the  business  to  be  trans- 
acted in  order. 

Questions  of  Order. 

183.  How  Disposed   Of.  — Whenever 
the  presiding  officer,  or  any  member,  calls 
attention   to    the    fact   that    business    ic 


134  PARLIAMENTARY    RULES.  $  184 

proceeding  out  of  order,  a  correction  can 
be  made  at  once.  If,  however,  the  ques- 
tion of  order  be  a  disputed  one,  it  is  first 
decided  by  the  presiding  officer,  subject  to 
an  appeal  to  the  assembly. 

184.  Manner  of  Raising  and  Decid- 
ing   Points   of   Order.— Whenever  any 
member  thinks   that  the  business  of  the 
assembly  is  going  on  contrary  to  proper 
order,  he  rises  in  his  place  and  addresses 
the    Chair,    saying,    "Mr.    Chairman:      I 
rise  to  a  point  of  order."     He  is  then  asked 
to  state  his  point  of  order,  which  he  does. 
Thereupon,  either  with  or  without  debate, 
at  the  pleasure  of  the  Chair,  the  presiding 
officer  decides  the  question  of  order.     If 
an  appeal,  which  is  debatable,  be  taken, 
then  the  question  is  put  as  follows:    "  Shall 
the   decision  of  the   Chair   stand   as   the 
judgment  of  the  assembly?  "     If  the  point 
of  order  be  overruled,  then  the  business 
proceeds  as  before;  if  sustained,  then  the 
order  of  action  is  changed  to  conform  to 
the  decision. 

185.  Incidents  of  an  Appeal  on  Point 
of  Order. —  If  the  vote  be  a  tie,  the  Chair 
is  sustained,  because,  although  the  question 


§  186  INCIDENTAL    QUESTIONS.  135 

is  put,  "Shall  the  decision  of  the  Chair 
stand  as  the  judgment  of  the  assembly?" 
nevertheless  the  decision  stands  unless 
overruled.  The  presiding  officer,  when  a 
member  of  the  assembly,  has  a  right  to 
vote. 

While  an  appeal  is  pending  no  other  ap- 
peal can  be  entertained.  All  questions  of 
order  arising  under  an  appeal  must  be 
decided  peremptorily  by  the  Chair,  whose 
conduct  may  afterward  be  the  subject  of 
action  by  the  assembly. 

186.  Points  of  Order — Illustrations. 
—  Perhaps  questions  of  order  can  be  bet- 
ter elucidated  by  illustrations.  In  the 
House  of  Representatives  all  bills  con- 
taining appropriations  of  money  must 
have  their  first  consideration  in  Committee 
of  the  Whole.  When,  therefore,  any  bill 
appropriating  money  comes  up  for  consid- 
eration in  the  House,  any  member  may 
make  the  point  of  order  that  the  bill  must 
first  be  considered  in  committee.  This 
point  would  stop  all  consideration  until 
the  bill  has  been  considered  in  committee. 
If  an  amendment  to  an  amendment  to  an 
amendment,  or,  in  other  words,  if  an 


136  PARLIAMENTARY   RULES.  §  187 

amendment  in  the  third  degree  be  offered, 
a  point  of  order  will  rule  it  out.  So  with 
an  amendment  offered  after  previous  ques- 
tion ordered.  In  short,  anything  which 
varies  from  the  regular  order  may  be 
stopped  by  a  point  of  order.  As  for  points 
of  order  to  preserve  order,  see  Debate  and 
Decorum. 

187.  Reading  of  Papers. —  Whenever 
an  assembly  has  to  take  final  action  upon 
a  paper,  any  member  has  a  right  to  have 
the  paper  read,  in  order  that  the  assembly 
may  know  what  it  is  voting  upon.     But  if 
the  paper  is  one  on  which  a  final  vote  is 
not  being  taken,  it  is  usually  not  read,  and 
if  any  member  objects,  the  reading  must 
be  ordered  by  the  assembly  on  motion, 
which  motion   shall  be   decided  without 
debate.     A  paper  which  is  not  the  subject 
on  which    the  assembly  is  to  deliberate 
and  act   can   be  read  only  in  this  way, 
except    as  part  of  the  observations  of   a 
member  in  debate,  and  even  then  it  must 
be  subject  to  reasonable  limitations. 

188.  Practice  in  the  United   States 
House  of  Representatives. —  It  would 
seem  that  a  proposition  on  which  a  final 


g  189  INCIDENTAL   QUESTIONS.  137 

vote  was  not  to  be  taken,  like  a  bill  offered 
solely  for  the  purpose  of  reference,  could 
not  be  read  except  by  order  of  the  House, 
but  the  practice  where  the  bill  was  offered 
in  open  House  has  been  otherwise. 

189.  Withdrawal  of  a  Motion.—  After 
a  motion  has  been  submitted  to  the  assem- 
bly by  the  presiding  officer,  it  is  then  in 
the  possession  of  the  assembly,  and  can 
not  be  withdrawn  except  by  its  consent. 
A  motion  for  leave  to  withdraw  by  the 
member  introducing  it  can,  however,  be 
made,  which    must    be    decided    without 
debate. 

190.  Withdrawal  of  Motion  in  House 
of  Representatives. —  By  special  rule  of 
the  House  a  motion  in  possession  of  the 
House  may  be  withdrawn  by  the  mover 
at  any  time  before  a  decision  or  amend- 
ment. 

191.  Suspension    of    Rules.  —  Under 
general  parliamentary  law  there  can  be 
no  suspension   of  rules  unless  the  rules 
themselves  provide  for  suspension.    When 
they  do  so  provide,  the   suspension   can 
only  take  place  in   accordance  with   the 
provision.      Hence  it  is  not  possible  to 


138  PARLIAMENTARY    RULES.  §  192 

state  any  general  rule  for  the  offering  of 
such  a  motion.  If  the  rule  relating  to 
suspension  should  be  general,  and  simply 
say,  for  example,  that  the  rules  could  be 
suspended  on  a  vote  of  two-thirds,  then 
the  motion  would  be  an  incidental  one,  and 
be  in  order  while  the  main  question  was 
pending,  like  any  other  incidental  motion, 
and  would  be  decided  without  debate. 

192.  Suspension  of  Rules  in  House 
of  Representatives. — In  the  House  of 
Representatives   the    rules    can    be    sus- 
pended only  on  the  first  and  third  Mondays 
of  each  month  and  on  the  last  six  days  of 
a  session.     To  obtain  a  suspension  of  the 
rules  there  must  be  first  a  recognition  of 
the  member  by  the  Speaker  for  that  pur- 
pose, for  the  motion  is  not  a  privileged 
one,  always  in  order,  and  there  must  also 
be  a  "  second,"  if  demanded  by  a  majority 
of  the  House  ascertained  by  tellers.    While 
the  motion  to  suspend  is  pending  but  one 
dilatory  motion   can   be  entertained,  and 
that  is  the  motion  to  adjourn,  and  that 
but  once. 

193.  Division  of  the  Question.— The 
nature  of  this  motion  has  been  described 


§  194  INCIDENTAL    QUESTIONS.  139 

in  Section  151.  It  proposes  to  divide  the 
question  so  that  a  separate  vote  may  be 
taken  on  each  substantive  proposition.  It 
must  state  the  propositions  into  which  it 
is  proposed  to  divide  the  question.  This 
motion  is  in  order  even  after  the  previous 
question  has  been  ordered. 

194.  Motions  as  to  Methods  of  Con- 
sideration.—  These  motions  when  adopted 
constitute  a  sort  of  special  rule  applicable 
to  the  particular  question  under  discussion, 
and  are  made  only  when  there  have  been 
no  rules  established  on  the  subject.   Where 
rules  have  been  established  of  course  no 
special  rule  can  be  adopted  in  opposition 
without  unanimous  consent.      These  mo- 
tions as  to  methods  of  consideration  being 
in  order  at  almost  any  stage,  and  relating 
as  they  do  to  limitation  of  debate  and  the 
order  of  action  on  the  part  of  the  assem- 
bly, give  the  body  a  control  so  complete 
of  its  business  that  but  little  is  left  to  be 
desired.     By  means  of  them  the  assembly 
can  limit  debate  and  prescribe  its  course 
of  action. 

195.  Practical      Suggestion.  —  These 
questions  of  procedure  can  be,  and  ordi- 
narily are,  settled  in  the  most  informal 


140  PARLIAMENTARY    RULES.  §  196 

manner,  on  suggestion  of  the  Chair  or  of  the 
member  in  charge  of  the  question.  It  is 
only  in  rare  cases,  where  no  agreement 
can  be  reached,  that  the  motions  referred 
to  are  made,  and  when  made  should  be 
decided  without  formal  debate. 


CHAPTER  XI. 

Recapitulation  and  Classifica- 
tion of  Motions. 

In  order  that  a  clearer  idea  may  be  had 
of  the  possible  proceedings  of  a  deliberative 
assembly,  the  motions  will  be  set  forth 
together,  properly  divided  and  the  order 
prescribed. 

196.  First  — The    Main    Question.— 
The  main  question  is  the  subject  of  delib- 
eration, which  may  be   introduced    by  a 
member,  or  by  the  report  of  a  committee, 
or  may  come  from  another  branch  of  the 
legislature    or   convocation,  or  from   an- 
other branch  of  the  Government. 

197.  Second  — Subsidiary  Motions.— 
Subsidiary  motions   are   those   which  di- 
rectly concern   the    main    question,   and 


§  197        CLASSIFICATION    OF    MOTIONS.  141 

relate  to  the  progress  of  that  particular 
piece  of  business.  They  are  of  different 
rank,  by  which  it  is  meant  that  some  have 
precedence  over  the  others.  In  the  enu- 
merations which  follow  they  are  stated  in 
order  of  precedence.  Those  of  superior 
rank  precede  those  of  inferior  rank;  those 
of  the  same  rank  have  no  precedence  over 
each  other. 

First  Rank. —  Question  of  considera- 
tion; not  amendable  and  not  debatable; 
applicable  only  to  the  main  question. 

Second  Rank. —  Motion  to  lay  on  the 
table;  not  amendable  and  not  debatable. 

Third  Rank. —  Motion  to  postpone  to  a 
day  certain;  amendable  and  debatable. 

Motion  for  the  previous  question;  not 
amendable  and  not  debatable. 

Motion  for  indefinite  postponement;  not 
amendable;  not  only  debatable  as  to  it- 
self, but  opens  up  the  debate  on  the  main 
question. 

Motion  to  commit;  debatable  and  amend- 
able. 

All  motions  of  the  third  rank  are  of 
equal  right,  and  when  one  is  pending  it 
must  be  disposed  of  before  another  can 
be  moved. 


142  PARLIAMENTARY    RULES.  §  198 

Fourth  Rank. —  Motion  to  amend; 
amendable  and  debatable. 

198.  Privileged      Questions. —  Privi- 
leged questions  are  those  which  arise  out 
of  the  needs  of  the  assembly  as  a  delibera- 
tive  body.     They   have   precedence  over 
the  main  question,  and  over  all  subsidiary 
questions,  because  they  concern  the  whole 
body  and  are  essential  to  its  needs. 

First,  to  adjourn. 

Second,  to  fix  the  time  to  which  to 
adjourn.  (See  Sees.  171  to  174  as  to 
precedence.) 

Third,  to  take  a  recess. 

Fourth,  a  question  of  privilege  concern- 
ing the  assembly. 

Fifth,  a  question  of  privilege  concerning 
the  individual  members. 

In  a  general  way,  it  may  be  said  that 
these  questions  have  rank  in  the  order 
named;  that  is,  each  is  entitled  to  be  put 
before  the  other  in  the  above  order.  But 
this  statement  is  subject  to  exceptions, 
which  have  been  already  explained.  (See 
Sees.  168  to  171.) 

199.  Incidental   Questions.  — Inci- 
dental questions  are  those  which  arise  out 
of  the  needs  of  the  orderly  conduct  of  such 


§  200        CLASSIFICATION    OF    MOTIONS.  143 

business  as  comes  before  the  assembly, 
whether  it  relates  to  the  main  question 
or  to  the  privileged  questions.  They  are  • 

First,  questions  of  order. 

Second,  reading  of  papers. 

Third,  withdrawal  of  a  motion. 

Fourth,  suspension  of  a  rule. 

Fifth,  division  of  the  question. 

Sixth,  motions  as  to  method  of  consid- 
eration. 

A  question  of  order  has  precedence  over 
all  the  others,  provided  it  is  made  at  once, 
but  has  no  standing  if  the  business  has 
been  entered  upon,  or  in  the  case  of 
unparliamentary  language  the  offending 
member  has  been  allowed  to  proceed.  A 
point  of  order  must  be  made  at  once  or  is 
deemed  to  be  waived.  If  there  be  con- 
fusion, rising  and  endeavoring  to  make 
the  point  saves  all  rights.  The  other 
incidental  motions  have  no  precedence 
over  each  other,  and  each  must  be  decided 
before  another  can  be  put,  and  before  any 
action  on  the  question  which  was  pending 
when  the  incidental  motion  was  enter- 
tained. 

200.  Practical  Illustration  of  Order  of 
Motions. —  To  illustrate  the  order  of  rno- 


144  PARLIAMENTARY    RULES.  §  200 

tions,  we  can  imagine  a  very  long  series 
pending  at  the  same  time,  as,  for  example: 

First,  main  question. 

Second,  amendment. 

Third,  amendment  to  the  amendment. 

Fourth,  motion  for  previous  question. 

Fifth,  point  of  order,  as  to  the  previous 
question. 

Sixth,  question  of  privilege. 

Seventh,  motion  to  adjourn. 

Here  are  seven  questions  pending,  and 
the  question  of  privilege  may  raise 
ma~iy  more.  Many  more  also  may  come 
up  as  each  question  is  passed  upon  by  the 
assembly.  These  motions  are  all  to  be 
put  in  the  reverse  order.  First,  the  motion 
to  adjourn;  if  negatived,  then,  second, 
question  of  privilege  (see  Sec.  178);  third, 
point  of  order,  to  be  decided  by  the 
Chair  subject  to  appeal;  fourth,  previous 
question;  fifth,  amendment  to  amendment; 
sixth,  amendment;  seventh,  main  ques- 
tion. This  is  the  order  if  nothing  inter- 
feres; but,  to  illustrate  the  possibility  of 
the  situation,  let  us  add  some  of  the  things 
likely  to  happen. 

After  the  motion  to  adjourn  is  negatived 
the  question  of  privilege  (2d)  may  of  itself 


§  201        CLASSIFICATION    OF    MOTIONS.  145 

develop  into  a  main  question  with  all  the 
motions  enumerated  above.  Suppose  all 
those  to  be  finished,  and  the  question  of 
privilege  disposed  of,  then  the  point  of 
order  (3d)  may  require  a  decision  by  the 
Chair  and  appeal  to  the  assembly,  with  va- 
rious privileged  motions  like  adjournment. 
Then  the  previous  question  (4th)  is  voted 
on,  and,  if  defeated,  there  may  follow  more 
amendments  and  more  debate,  and  also 
motion  to  indefinitely  postpone,  motion  for 
commitment,  and  motion  for  postponement 
to  a  time  certain,  and  perhaps  motion  to  lay 
on  the  table.  If  the  previous  question  (4th) 
be  carried,  then  comes  the  amendment  to 
the  amendment,  and  the  amendment,  and 
then  the  main  question. 

201.  Motions  in  Their  Relations  to 
Debate,  to  Amendments,  and  to  Each 
Other  —  Consideration. —  Not  debatable, 
not  amendable.  Takes  precedence  of  all 
motions  except  points  of  order. 

Lay  on  the  Table. —  Not  debatable,  not 
amendable.  Takes  precedence  of  all  other 
motions  except  the  privileged  motions  and 
motion  to  suspend  rules.  Renewable  after 
an  amendment. 
10 


146  PARLIAMENTARY    RULES.  §201 

Postpone  to  a  Day  Certain. —  Debata- 
ble, amendable.  Takes  precedence  of  the 
motion  to  amend,  but  does  not  cut  it  off,  and 
is  of  equal  rank  with  motions  for  the  pre- 
vious question,  to  postpone  indefinitely,  to 
commit. 

Postpone  Indefinitely. —  Not  amenda- 
ble. Debatable.  Takes  precedence  of 
motion  to  amend.  Is  of  equal  rank  with 
motions  for  the  previous  question,  to  post- 
pone to  day  certain,  and  to  commit. 

Previous  Question. —  Not  debatable,, 
not  amendable.  Takes  precedence  of  the 
motion  to  amend,  but  does  not  cut  it  off, 
and  is  of  equal  rank  with  the  motions  to 
postpone  indefinitely,  to  postpone  to  a  day 
certain,  and  to  commit. 

To  Commit. —  Amendable,  debatable. 
Has  equal  rank  with  previous  question; 
postponement  to  a  day  certain,  and  indefi- 
nite postponement,  and  has  precedence 
over  the  motion  to  amend. 

To  Amend.  —  Debatable,  amendable. 
Has  precedence  over  no  other  subsidiary 
motion.  When  pending,  however,  is  not 
cut  off  by  any  other  motion. 

To  Fix  the  Day  of  Adjournment. — 
Debatable,  amendable.  No  precedence, 


§202   MOTIONS   FOR   RECONSIDERATION.      14? 

except  where  no  regular  time  has  been 
fixed  to  which  the  assembly  shall  adjourn. 
In  that  case  it  has  precedence  over  the 
motion  to  adjourn. 

To  Adjourn. —  Not  amendable,  not  de- 
batable. Has  precedence  over  all  other 
motions.  (But  see  Sees.  169,  170.) 

To  Take  a  Recess. —  Debatable  and 
amendable,  and  not  privileged,  except 
where  the  time  to  resume  session  has  been 
fixed,  in  which  case  it  is,  like  the  motion  to 
adjourn,  undebatable,  unamendable,  and 
highly  privileged. 

Questions  of  Privilege. —  Take  prece- 
dence of  all  others,  and  the  action  pro- 
posed becomes  the  main  question  until 
disposed  of. 

Incidental  Questions. — Not  debatable, 
not  amendable,  except  motions  relating  to 
method  of  consideration  and  division  of 
question,  which  are  amendable. 

CHAPTER  XII. 

Motions    for    Reconsideration. 

202.  Reconsideration. —  Even  after  a 
measure  has  passed  the  ordeal  of  consider- 


148  PARLIAMENTARY    RULES.  §  203 

ation,  of  debate  and  amendment,  and  of 
final  passage  by  the  assembly,  it  has  not  yet, 
in  American  assemblies,  reached  an  end. 
It  is  subject  to  a  motion  to  reconsider.  In 
England  the  motion  to  reconsider  is  not 
known.  If  any  error  has  been  committed, 
it  is  rectified  by  another  act.  So  far  is  the 
doctrine  that  a  member  knows  what  he  in- 
tends the  first  time  carried  there,  that 
members  who  go  by  mistake  into  the  wrong 
lobby  are  counted  where  they  are,  and  not 
where  they  ought  to  be.  If  he  is  with  the 
ayes,  he  is  counted  aye,  and  not  allowed  to 
correct  his  error. 

203.  Motion  for  Reconsideration. —  A 
motion  to  reconsider,  if  agreed  to,  reopens 
the  entire  question  for  further  action,  as  if 
there  had  been  no  final  decision.  If,  how- 
ever, it  is  proposed  to  change  any  action 
taken  prior  to  the  vote  reconsidered,  that 
prior  action  must  also  be  reconsidered.  If 
the  assembly,  for  instance,  is  not  satisfied 
with  an  amendment  made  before  the  final 
vote,  which  has  been  reconsidered,  the 
vote  on  the  amendment  must  be  recon- 
sidered also.  Immediately  after  the  adop- 
tion of  the  motion  to  reconsider,  the  ques- 
tion stands  precisely  as  it  did  before  the 


§  204     MOTIONS  FOR  RECONSIDERATION.       149 

reconsidered  vote  was  taken,  and  if  no 
other  action  is  proposed  the  presiding 
officer  must  again  put  the  question  to 
vote. 

204.  Reconsideration,  When  Permis- 
sible.—  A  motion  to  reconsider  is  applica- 
ble to  almost  all  motions.  The  exceptions 
are,  the  motion  to  adjourn,  to  lay  on  the 
table  when  decided  in  the  affirmative,  sus- 
pension of  rules,  and  the  motion  to  recon- 
sider itself. 

A  motion  to  reconsider  is  not  in  order 
after  action  has  been  had  by  the  assembly 
in  consequence  of  the  decision  proposed  to 
be  reconsidered.  For  instance,  a  motion 
to  commit  can  not  be  reconsidered  after 
the  committee  has  taken  the  papers,  the 
proper  course  being  to  discharge  the  com- 
mittee. 

A  motion  to  lay  on  the  table  decided 
negatively  can  not  be  reconsidered  if 
other  business  has  been  entered  upon,  for 
that  would  be  the  equivalent  of  a  renewal 
of  the  motion,  and  should  take  that  form. 
After  the  previous  question  has  been 
partly  executed,  it  can  not  be  reconsid- 
ered. 

After  an  appeal    from  the   Chair  has 


150  PARLIAMENTARY    RULES.  §  204 

been  decided  and  that  decision  has  been 
acted  upon,  a  motion  to  reconsider  the 
vote  of  the  assembly  on  the  appeal  would 
not  be  in  order. 

Whenever  the  main  question  has  been 
decided  in  the  affirmative,  the  motion  to 
reconsider  an  amendment  previously 
adopted  would  not  be  in  order.  It  would 
be  necessary  first  to  reconsider  the  vote 
by  which  the  main  question  was  passed, 
and  if  the  reconsideration  prevailed,  then 
the  motion  to  reconsider  the  amendment 
would  be  in  order. 

In  general  it  may  be  said  that  if  the 
assembly  desires  to  reconsider  an  act,  it 
must  retract  in  regular  order  all  subse- 
quent action  which  affects  the  act  to  be 
reconsidered. 

A  question  can  be  reconsidered  but 
once,  but  if  on  reconsideration  an  amend- 
ment has  been  made  making  a  substantial 
change,  a  second  reconsideration  can  be 
had.  A  vote  on  reconsideration  can  not 
be  reconsidered.  A  motion  to  reconsider 
the  vote  whereby  the  yeas  and  nays  were 
ordered  prevails  if  a  majority  votes  there- 
for, but  the  question  immediately  recurs 
on  the  motion  for  the  yeas  and  nays,  and 


§  205    MOTIONS  FOR  RECONSIDERATION.       151 

one-fifth  voting  in  the  affirmative  prevails 
again. 

205.  Motion     for     Reconsideration, 
When  to  be  Made. —  A  motion  to  recon- 
sider must  be  made  on  the  day  on  which 
the  action  sought  to  be  revised  was  had, 
and  before  any  action  has  been  taken  by 
the  assembly  in  consequence  of  it.     It  can 
be  entered  even  while  a  member  has  the 
floor,  and  can  be  acted  on  another  day.     It 
can  not  be  withdrawn  except  on  the  day  it 
was  made,  except  by  consent  of  the  assem- 
bly.    If  withdrawn  on  the  day  made,  any- 
one can  renew  it.     It  has  been  laid  down 
by  very  good  authority  that  motions  to 
reconsider  can  be  made  any  time  during 
the    session,   that    is,   during    the    whole 
period  for  which  the  assembly  sits.     But 
this  would  lead  to  such  abuse  and  to  so 
many  bad  practices,  that  modern  opinion 
has  become  settled  as  stated  above.     Even 
with  this  limitation  the  practice  of  recon- 
sideration has  led  to  much  waste  of  time. 

206.  Practice  in  House  of  Represent- 
atives.—  In  the  United  States  House  the 
motion  to  reconsider  is  limited  by  rule  to 
the  same  or   succeeding  day.     Such  also 


162  PARLIAMENTARY    RULES.  §207 

seems  the  general  rule  in  State  legisla- 
tures. In  order  to  practically  nullify  the 
rule  in  great  measure,  a  custom  has  sprung 
up  in  the  United  States  House  for  the  pro- 
moter of  the  bill  to  move  a  reconsideration, 
and  then  at  once  to  move  to  lay  his  own 
motion  on  the  table.  If  the  lattei  motion  is 
agreed  to,  under  the  customs  of  the  House 
the  motion  to  reconsider  is  defeated,  for 
nothing  is  ever  taken  off  the  table  of  the 
House  save  by  unanimous  consent. 

207.  Motion     to    Reconsider,    Who 
May  Make  It. —  Only  the  member  who 
voted  with  the  prevailing  party  has  the 
right   to  move   for  a   reconsideration,  it 
being  a  natural  presumption  that  if  no  one 
who  was  of  the  prevailing  party  desires  to 
reconsider  his  action  an  attempt  to  recon- 
sider would  be  but  a  waste  of  time.     If 
the  vote  was  not  by  yeas  and  nays,  the 
presiding  officer  may  inquire  of  the  mover 
if  he  was  of  the  prevailing  party. 

208.  House     of     Representatives — 
Who    May  Move.  —  In    the   House    of 
Representatives,  unless  the  vote  is  taken 
by  yeas  or  nays,  any  member  is  permitted 
to  move  a  reconsideration,  although  the 


§  209    MOTIONS  FOR  RECONSIDERATION.       153 

House  Rule  XVIII,  Clause  i,  is  express 
upon  the  subject,  and  requires  the  member 
to  be  of  the  majority. 
209.    Reconsideration,    Object     of. — 

The  general  rule  of  parliamentary  pro- 
ceedings is  that  when  the  assembly  has 
come  to  a  conclusion  or  decision  that 
result  shall  be  regarded  as  final.  This  is 
necessary  for  the  orderly  action  of  the 
assembly  itself.  If  what  had  once  been 
decided  could  at  all  times  be  again  opened 
by  each  member,  there  would  be  no  end 
to  confusion.  Hence  it  is  that  even  a 
decision  which  only  implies  the  negative 
of  another  motion  prevents  that  motion 
from  being  put.  If,  for  example,  words 
are  inserted  by  amendment,  they  can 
not  be  afterward  stricken  out,  because 
being  put  in  implies  of  itself  that  the 
assembly  does  not  want  them  stricken  out. 
On  a  question  between  two  legislative 
bodies,  the  motion  to  concur  being 
defeated,  that  action  is  equivalent  to  the 
motion  to  non-concur,  and  no  other  vote 
is  taken. 

So  useful  is  this  that  the  English  adhere 
to  it  in  spite  of  any  disadvantages. 


154  PARLIAMENTARY    RULES.  §  210 

We  have,  however,  adopted  the  other 
practice,  and  while  we  adhere  to  the  gen- 
eral rule  that  the  decisions  of  the  assembly 
must  remain  undisturbed,  we  allow  correc- 
tions, but  only  by  the  direct  action  of  the 
motion  to  reconsider. 

Recurring  to  the  examples  above  stated, 
if  words  have  been  inserted  which  on  re- 
flection are  not  satisfactory  to  the  assem- 
bly, we  do  not  move  to  strike  out;  we 
move  to  reconsider  the  vote  by  which  they 
were  inserted,  and  reach  our  correction  by 
that  road.  If  after  voting  not  to  concur 
we  find  that  we  did  not  really  mean  to 
non-concur,  we  reconsider  and  concur  or 
concur  with  the  amendment. 

210.  Motion  to  Reconsider —  Debate. 
—  A  motion  to  reconsider  is  debatable 
wherever  the  subject  on  which  the  recon- 
sideration was  moved  was  itself  debatable. 
Even  when  the  motion  to  be  reconsidered 
was  passed  under  the  previous  question,  a 
motion  to  reconsider  reopens  debate.  If 
the  reconsideration  is  carried,  it  can  still 
be  debated.  Hence  under  our  system  of 
reconsideration  a  subject  may  be  debated 
before  passage  and  twice  after. 


§  211  DEBATE    AND    PECORUM.  155 

211.   Reconsideration  —  Practical 

Suggestion. —  For  ordinary  small  assem- 
blies the  motion  to  reconsider  as  it  exists 
tinder  general  parliamentary  law  will  work 
satisfactorily.  In  larger  assemblies,  espe- 
cially of  the  legislative  kind,  it  is  well  to 
allow  it  to  be  made  on  the  succeeding  day 
as  well  as  on  the  day  of  the  vote  to  be  re- 
considered. The  previous  question  ought 
also  to  be  made  applicable  to  it.  (See  Sec. 
127.)  In  the  House  of  Representatives  it 
can  be  met  with  a  motion  to  lay  on  the 
table,  which  enables  the  House  to  suppress 
debate  and  the  reconsideration,  both  to- 
gether, if  it  so  desires. 


CHAPTER  XIII. 

Debate  and  Decorum. 

212.  Object  of  Debate  — Duties  of 
Members. —  The  purpose  of  debate  is  to 
produce  unity  of  sentiment  in  the  assembly 
by  such  'a  comparison  of  views  as  will 
enable  a  majority  to  form  a  just  judgment 
on  the  subject  before  them  for  action.  As 


156  PARLIAMENTARY   RULES.  §  212 

the  interchange  of  views  in  debate  neces- 
sarily involves  criticism  of  the  views  pre- 
sented, and  as  criticism  of  views  is  liable 
to  pass  into  criticism  of  the  author,  a 
debate  may  degenerate  into  a  dispute,  and 
the  object  of  debate  be  entirely  lost  sight 
of.  To  avoid  this,  and  to  render  discus- 
sion an  appeal  to  reason  and  sentiment, 
and  not  an  appeal  to  personal  passions, 
there  are  many  parliamentary  devices. 

Among  them  is  the  requirement  that 
the  member  shall  never  address  any  one 
but  the  presiding  officer.  He  must  not 
allude  to  any  member  by  name,  but  by 
some  descriptive  expression,  like  "the 
gentleman  who  last  addressed  the  assem- 
bly," "  the  gentleman  from  Virginia,"  "  the 
noble  and  learned  lord,"  "the  gallant 
gentleman,  the  member  from  Portsmouth." 
Such  expressions  import  respect,  and  are 
in  themselves  a  great  restraint.  Members 
must  not  use  harsh  expressions  about 
other  members,  must  not  impute  motives, 
but  must  always  attack  arguments  and  not 
the  men  who  make  them.  Members  may 
not  abuse  the  rules  of  the  House  in  order 
to  obstruct  public  business.  On  the  other 


§  213  DEBATE   AND   DECORUM.  157 

hand,  the  members  who  are  not  speaking 
must  be  silent,  refrain  from  expressions  of 
disrespect,  or  applause,  must  not  read 
papers  or  pass  between  the  member  speak- 
ing and  the  presiding  officer.  They  must 
not  interrupt  the  member  speaking  with- 
out his  consent.  They  must  enter  and 
leave  the  chamber  properly  and  quietly. 

Such  are  in  general  the  duties  of  mem- 
bers to  each  other  after  the  debate  com- 
mences. 

213.  Beginning  of  Debate.— After  a 
question  has  been  presented  to  the  assem- 
bly by  a  member  and  seconded,  and  then 
proposed  by  the  presiding  officer,  it  is  open 
to  debate,  and  the  member  who  first  rises 
is  entitled  to  the  floor  to  debate.  Who 
rises  first  is  always,  in  practice,  determined 
by  the  presiding  officer;  and  while  it  seems 
to  be  generally  admitted,  following  very 
old  precedents,  that  the  assembly  may 
otherwise  order,  in  point  of  fact  the  recog- 
nition by  the  Chair  in  modern  times  is 
seldom,  and  perhaps  never,  disputed.  Of 
course  there  may  be  cases  where  the 
assembly  might  properly  be  called  on  to 
determine  who  should  address  it.  In  the 


158  PARLIAMENTARY    RULES.  §  214 

United  States  House  of  Representatives 
the  recognition  by  the  Speaker  is  never 
-questioned.  This  is  right,  for  any  other 
course  would  inevitably  lead  to  confusion. 
If  but  one  member  rises,  he  will  of  course 
be  recognized. 

214.  Rules  Guiding  the  Presiding 
Officer  in  Recognitions. —  If  two  or  more 
rise,  the  presiding  officer  determines,  but 
in  determining  he  should  be  governed  by 
certain  rules.  He  ought  to  recognize 
first  the  mover  of  the  proposition;  not  as 
of  right,  but  because  it  seems  most  natural 
that  the  mover  of  the  question  should  first 
explain  it.  Then  if  other  members  rise  to 
debate,  he  should  call  upon  a  member  op- 
posed, and  so  alternate  the  debate.  In  gen- 
eral the  presiding  officer  should  call  upon 
members  to  speak  in  such  a  way  as  will 
cause  all  sides  of  the  question  to  be 
discussed. 

It  may  be  proper  here  to  remark,  that 
in  this  and  all  other  things  the  first  duty 
of  the  presiding  officer  should  always  be 
to  do  what  the  assembly  wishes,  having 
always  in  mind  those  permanent  wishes 
embodied  in  the  special  rules  and  in  par- 


§  215  DEBATE    AND    DECORUM.  159 

liamentary  law.  For  example,  if  there  be 
a  question  of  recognition  between  mem- 
bers who  desire  to  make  motions  not 
privileged,  the  presiding  officer  should  be 
governed  in  all  proper  cases  by  what  he 
thinks  the  wish  of  the  assembly. 


E.-^-  In  the  French  Chamber  of  Deputies  the 
rules  recognize  the  right  of  a  member  to  have  his 
name  listed  for  recognition,  and  he  may  present  it 
to  the  secretaries  any  time  after  the  deposit  of  the 
report  on  the  question.  A  similar  rule  prevails  in 
the  Italian  Chamber. 

215.  Member  Can  Speak  but  Once.— 

A  member  can  speak  but  once  on  the 
same  question  at  the  same  stage.  A  mem- 
ber, however,  who  has  spoken  on  the  main 
question  has  the  right  to  speak  on  each 
amendment  as  it  arises.  This  rule  does 
not  apply  to  an  assembly  sitting  in  Com- 
mittee of  the  Whole.  There  any  member 
may  speak  as  often  as  he  can  get  the  floor. 

216.  Relevancy      in       Debate.  —  All 
debate   should   be  relevant  and  confined 
to  the  subject  of  debate.     The  subject  of 
debate  is    always    the   question   directly 
before   the   assembly,  whether  it  be   the 
main  question  or  any  subsidiary  or  inci- 


160  PARLIAMENTARY    RULES.  §  216 

dental  motion.  It  is  the  question  last 
submitted  to  the  assembly.  When  busi- 
ness begins  and  the  main  question  is 
stated  by  the  Chair,  that  is  the  subject  of 
the  debate.  If  an  amendment  is  proposed 
and  stated  by  the  Chair,  that  is  then  the 
subject  of  debate,  and  not  the  main  ques- 
tion. If  there  then  comes  up  a  motion  to 
commit,  the  motion  to  commit  while  pend- 
ing is  the  debatable  matter.  If  the  latest 
motion  is  not  debatable,  then  all  debate 
ceases  until  that  motion  is  decided. 

Although  the  distinction  can  be  stated 
thus  sharply  in  words,  it  is  often  difficult 
to  rule  upon  it  in  practice.  To  discuss  an 
amendment  involves  more  or  less  the 
main  question,  as  does  also  a  motion  to 
commit;  yet  discussion  of  the  main  ques- 
tion in  its  relations  to  an  amendment  and 
in  its  relations  to  a  motion  to  commit  are 
very  different  from  a  discussion  of  the 
main  question  pure  and  simple.  Never- 
theless, a  patient  presiding  officer  and  a 
good-natured  assembly  can  do  much  to 
confine  debate  to  its  proper  channels.  The 
best  course  for  a  presiding  officer  in  most 
cases  is  to  interfere  only  where  the  irrele- 


DEBATE    AND    DECORUM.  161 

vancy  is  very  great  and  is  leading  to  con- 
fusion. Sometimes  the  pending  motion, 
as,  for  example,  the  motion  for  indefinite 
postponement,  being  the  indirect  equiva- 
lent of  a  negative  vote  on  the  main  ques- 
tion, involves  the  main  question  and  all 
amendments.  In  that  case  the  subject  of 
debate  would  be  the  whole  range  of  pend- 
ing propositions. 

217.  Yielding  the  Floor. —  A  member 
having  the  floor  may  yield  it  for  a  ques- 
tion addressed  to  himself  without  losing  his 
right  to  continue,  for  the  very  act  of  sub- 
mitting to  an  interrogation  involves  the 
retaking  the  floor  for  the  reply. 

So,  also,  when  he  yields  for  a  motion  to 
adjourn,  or  to  take  a  recess,  or  that  the 
Committee  of  the  Whole  arise,  he  is 
entitled  to  resume  if  either  motion  is 
negatived.  So,  also,  if  the  motion  is  car- 
ried, he  is  entitled  to  resume  at  tire  next 
session  when  the  subject  is  again  before 
either  assembly  or  committee.  But  in  all 
other  cases  yielding  the  floor  means  aban- 
doning it  to  the  assembly.  The  member 
on  the  floor  has  a  right  to  yield  for  the 
motions  mentioned  because  they  are  indif - 
11 


162  PARLIAMENTARY    RULES.  §  218 

f erent  motions  simply  affecting  the  sitting 
of  the  body.  He  has  no  right  to  yield  to 
a  particular  member  for  another  kind  of 
motion,  because  that  would  be  to  give  him 
the  power  of  recognition,  and  make  him 
chairman  without  the  ceremony  of  elec- 
tion. If  he  yields  he  must  yield  to  the 
assembly  for  all  purposes. 

218.  Yielding  the  Floor  — House  of 
Representatives. —  In  the  House  of  Rep- 
resentatives it  has  for  a  long  time  been 
the  custom  for  the  member  to  control  the 
hour  allowed  to  him  in  such  manner  that 
he  can  yield  any  portion  of  that  time  to 
any  other  member  or  members.     It  there- 
fore sometimes  happens  that  the  member 
who  gets  the  floor  distributes  all  his  time 
and  does  not  speak  at  all  himself.     This, 
however,  is  in  derogation  of  parliamentary 
law. 

219.  Informal     Remarks. — While     a 
judicious  presiding  officer   in  most  cases 
confines   the  assembly  as  near  as  may  be 
to  the   formal    rules   of   debate,   it  often 
happens  that  the  settlement  of  points  of 
procedure  and  of  the  terms  of  an  amend- 
ment can  be  facilitated  by  a  tolerance  of 


§  220  DEBATE    AND    DECORUM.  163 

informal  remarks  and  suggestions  which 
bring  opposing  members  to  an  agreement. 
This,  however,  can  not  be  permitted  when 
any  member  objects. 

220.  When    the    Right    of    Debate 
Ceases. —  The  right  of  debate  does  not 
cease  until  the  assembly  so  orders  by  the 
adoption  of  the  previous  question  or  until 
the  main  question  has  been  voted  upon. 
Even  after  the  affirmative  has  been  taken 
a  member  may  claim  a  right  to  debate  pro- 
vided the  noes  have  not  been  taken.     If, 
however,  there  are  several  ways  of  taking 
the   vote,  as  is   usual,  viz.,    by   sound  of 
voice,  by  rising  vote,  and  by  yeas  and  nays, 
the  decision  by  the  first  method  precludes 
debate,  even  if  the  other  methods  be  called 
for  afterward. 

221.  Methods  of  Preserving  Order. 
—  it  is  the  duty  of  the  presiding  officer  to 

maintain  order,  which  he  does  by  calling 
on  the  members  as  a  body  to  be  in  order 
whenever  he  notices  disorder.  While  he  is 
so  doing,  the  business  before  the  assembly 
is  suspended  until  order  is  restored.  If 
this  is  not  sufficient,  and  any  member  per- 
sists in  disorderly  action,  he  is  specifically 


164  PARLIAMENTARY    RULES.  §  222 

called  to  order,  and  if  he  does  not  cease, 
or  if  he  raises  any  question  as  to  whether 
he  be  in  order  or  not,  then  the  assembly 
determines  what  shall  be  done,  on  motion 
of  a  member. 

The  action  of  calling  to  order  may  be 
taken  by  the  presiding  officer  of  his  own 
motion,  or  at  the  suggestion  of  a  member 
who  rises  in  his  place  and  raises  a  question 
of  order. 

222.  Disorderly  Words  in  Debate.— 
Whenever  unparliamentary  words  are 
used  in  debate,  any  member  may  call  to 
order  the  member  speaking,  and  ask  to 
have  the  words  taken  down,  provided  he 
does  so  at  once.  Thereupon  the  member 
called  to  order  sits  down,  and  the  assembly 
having  heard  read  the  words  complained 
of,  acts  upon  the  ca&e  by  motion  or  other- 
wise. The  member  may  first  be  heard 
by  way  of  explanation.  Of  course  if  the 
member  denies  having  used  the  words  the 
assembly  must  pass  upon  that  question 
first,  or  the  words  may  be  incorporated  by 
way  of  recital  into  the  motion  proposing 
punishment. 


§  223  DEBATE    AND    DECORUM.  165 

223.  Time  of  Taking  Down  Words.— 

Mr.  Jefferson  lays  down  the  rule  that  the 
objectionable  words  should  be  taken  down 
after  the  remarks  of  the  member  have  been 
finished.  The  rule  was  also  stated  to  be 
that  they  could  not  be  taken  down  if  any 
other  member  had  spoken  or  any  business 
had  intervened.  The  modern  rule,  how- 
ever, is  that  the  words  should  be  taken 
down  at  once,  as  soon  as  may  be,  after 
utterance.  Thereupon  at  once  action  is 
to  be  had  by  the  assembly.  Such  action 
proposed  may  be  in  the  nature  of  punish- 
ment, in  which  case  the  member  should 
withdraw.  If  the  words  are  not  deemed 
very  serious,  or  explanations  are  made, 
then  the  usual  motion  is  that  the  member 
be  allowed  to  proceed  in  order,  in  which 
case  it  is  not  customary  for  the  member 
to  retire.  Of  course  he  does  not  partici- 
pate in  the  action  of  the  assembly,  or  in 
its  debate,  except  to  make  such  explana- 
tion as  the  assembly  permits.  Of  course, 
also,  there  may  be  cases  where  it  is  obvi- 
ous that  the  member  should  withdraw, 
and  if  he  does  not  retire  voluntarily,  the 
assembly  can  direct  him  so  to  do. 


166  PARLIAMENTARY    RULES. 

224.  References  to  Another  Legisla- 
tive   Branch. —  It  is  not  permissible  to 
allude  to  the  action  of  the  other  house  of 
a  legislature,  or  to  refer  to  a  debate  there. 
Such   conduct    might    lead   to  misunder- 
standing and  ill-will  between  two  bodies 
which  must  cooperate  in  order  to  properly 
serve  the  people.     So,  also,  the  action  of 
the  other  body  should  not  be  referred  to 
to  influence  the  body  the  member  is  ad- 
dressing. 

225.  Duty  of  the  Presiding  Officer  in 
Cases  where  Debate  and  Parliamentary 
Motions  are  Employed  to  Create  Dis- 
order and  Impede  Business. —  The  pre- 
siding officer  should  pay  close  attention 
to  the  debates,  so  as   to  be  ready  at   all 
times  to  interpose  for  the  preservation  of 
order.     He  should  himself  always  be  in 
order  and  act  with  the  same  evenness  of 
temper   which    he   requires   from  others. 
The  presiding  officer  has  great  power  over 
debate  and  decorum,  because  he  represents 
the  consolidated  power  of  the  assembly. 
It  sometimes  happens  that  in  the  forget- 
fulness   of  temper   and   of  party   feeling 
the  vary  processes  of  the  assembly  created 


§  225  DEBATE    AND    DECORUM.  167 

to  transact  business  are  so  abused  as  to  be 
in  themselves  disorder.  In  that  event  the 
presiding  officer  should  disregard  such 
proceedings,  after  he  has  become  entirely 
satisfied  of  their  nature,  and  put  only  such 
motions  as  will  expedite  the  declaration 
of  the  will  of  the  assembly.*  Necessarily 
such  a  course  is  to  be  taken  very  rarely, 
and  after  the  offense  is  clear  to  all.  For 
such  action  a  presiding  officer  is  responsi- 
ble to  the  assembly  after  the  transaction 
is  over.  In  1881,  before  closure  was  incor- 
porated into  the  rules,  a  small  number, 
about  thirty-three  members,  in  the  House 
of  Commons,  an  assembly  of  about  670 
members,  by  alternation  of  motions  to  ad- 
journ and  motions  to  adjourn  debate,  which 
are  both  debatable  motions  under  the  Eng- 
lish practice,  kept  the  House  in  session  day 
and  night  for  forty-three  hours.  At  the 
end  of  that  time  the  Speaker  declined  to 
permit  any  other  motions,  and,  notwith- 
standing the  demands  of  the  thirty-three, 
declared  he  would  recognize  no  one  for 

*  "  If  Mr.  Speaker  deems  to  motion  an  abuse  of 
the  rules  of  the  House  he  declines  to  put  it." — 
Peel's  Decisions,  1887-9,  page  8. 


168  PARLIAMENTARY    RULES.  §  226 

further  motion  or  debate,  but  would  put 
the  questions  needful  for  a  decision  by 
the  House,  which  he  at  once  did.  Some 
debate  on  the  subject  was  had  afterward, 
but  nothing  was  done  by  the  House,  the 
action  of  the  Speaker  being  universally 
approved. 

226.  Punishment.  —  The    punishment 
which  can  be  inflicted  depends  upon  the 
character  of  the  assembly,  and  is  in  legal 
assemblies    usually    limited   by  law.     In 
voluntary   assemblies  it  may  be  censure, 
reprimand,  or  expulsion,  or  a  demand  for 
apology  on  pain  of  expulsion.     It  almost 
always  happens,  when  attention  is  called 
to  the  unsuitable  nature  of  the  words  used 
by  the  member,  or  the  acts  performed  by 
him,  that  he  makes  such  an  explanation 
or  retraction  as  enables  the  assembly  to 
excuse  him  and  go  on  with  its  business. 

227.  Debate   in    the   United   States 
House    of    Representatives.  —  In    the 
United  States  House  of   Representatives 
the   practice  in  regard  to   debate  differs 
somewhat  from   that  of    ordinary  assem- 
blies.    The  member  proposing  a  measure, 
either  on  his  own  motion  or  as  the  organ 
of  a  committee,  has  charge  of  the  bill  or 


§  227  DEBATE    AND    DECORUM.  169 

resolution.  He  is  the  first  recognized  to 
speak  on  the  measure.  Next  the  members 
of  the  committee  are  preferred,  on  the 
ground  that,  having  specially  examined 
the  subject  by  order  of  the  House,  they 
are  more  competent  to  instruct  the  House. 
While  a  member,  as  a  rule,  may  not  speak 
twice,  the  member  in  charge  of  a  bill  is 
permitted  to  close  as  well  as  to  open 
debate  if  the  bill  is  a  report  of  a  com- 
mittee. In  such  case,  if  the  debate  has 
continued  more  than  one  day  he  may  have 
an  hour  to  close,  in  addition  to  the  hour 
used  in  opening,  and  the  ordering  of  the 
previous  question  does  not  deprive  him  of 
the  closing  hour. 

After  the  motion  for  a  suspension  of 
the  rules  has  been  duly  seconded,  debate 
may  be  had  for  half  an  hour.  So,  also, 
after  the  previous  question  has  been 
ordered  on  a  question  on  which  no  debate 
has  been  had,  there  may  be  discussion  for 
half  an  hour,  fifteen  minutes  being  granted 
to  each  side.  Debate,  however,  in  Com- 
mittee of  the  Whole  is  debate  within  this 
rule.  In  the  Fifty-first  Congress  forty 
minutes  debate  was  allowed  instead  of 
half  an  hour.  This  half -hour,  under  sus- 


170  PARLIAMENTARY    RULES.  §  228 

pension,  is  equally  divided  between  those 
opposed  and  those  in  favor.  The  Speaker 
usually  gives  control  of  the  fifteen  min- 
utes in  favor  to  the  mover,  and  the  rest 
to  whoever  demands  a  "second."  In  the 
House  on  all  topics,  and  in  Committee  of 
the  Whole  in  general  debate,  each  mem- 
ber is  allowed  one  hour,  and  is  permitted 
to  parcel  out  this  time  among  other  mem- 
bers. In  Committee  of  the  Whole,  after 
general  debate  has  closed,  each  member 
is  limited  to  five  minutes.  This  is  called 
debate  under  the  five-minutes  rule.  De- 
bate on  points  of  order  is  at  the  pleasure 
of  the  Chair  except  on  appeal. 

Whenever  the  member  in  charge  of  the 
bill  has  moved  the  previous  question,  and 
the  House  has  refused  to  agree  to  the 
demand,  then  the  control  of  the  measure 
passes  into  the  hands  of  those  opposed  to 
the  previous  question,  and  some  one  from 
that  side,  usually  one  of  the  committee,  if 
prominent  in  opposition,  is  recognized  to 
have  control. 

228.  PunisLment  of  Disorder  and 
Misbehavior  in  the  House  of  Repre- 
sentatives.—  The  only  punishment  which 
has  been  inflicted  upon  members  of  the 


§229  METHODS   OF    VOTING.  171 

House  for  disorder  and  misbehavior,  as 
members,  has  been  censure  or  expulsion. 
By  the  Constitution  a  member  can  not  be 
expelled  except  by  a  two-thirds  vote. 
Probably  the  House  has  power  to  inflict 
other  punishments.  The  United  States 
Supreme  Court  in  Kilbourn  vs.  Thompson, 
13  Otto,  1 68,  says,  speaking  of  the  power  of 
punishment,  "  We  see  no  reason  to  doubt 
that  this  punishment  may  be,  in  a  proper 
case,  imprisonment,  and  that  it  may  be  for 
refusal  to  obey  some  rule  on  that  subject 
made  by  the  House  for  the  preservation 
of  order."  If  the  House  of  Representa- 
tives can  imprison,  it  would  seem  that  it 
could  suspend  without  imprisonment. 

CHAPTER   XIV. 

Methods  of   Voting. 

229.  Methods  of  Voting. —  There  are 
three  methods  of  voting  common  in  assem- 
blies in  the  United  States: 

First,  by  sound. 

Second,  by  rising. 

Third,  by  yeas  and  nays. 


172  PARLIAMENTARY    RULES.  §  230 

230.  By  Sound. —  When  the  presiding 
officer  puts  the  question  to  the  assembly, 
after  stating  it  or  causing  it  to  be  read  by 
the  clerk,  he  uses  this  form  of  words,  "As 
many  as  are  in  favor  say  aye,"  and  then 
after  the  affirmative  has  been  heard,   "As 
many   as  are   opposed  say  nay."     There- 
upon  he  determines  by  volume  of  voice 
whether  the  ayes  have  it  or  the  noes.    He 
announces  according  to  the  fact.     If  he  is 
in   doubt,  or  if  any  member   calls  for  a 
division,  the  rising  vote  is  taken. 

231.  Rising  Vote. —  When  the  division 
is   demanded,    either  by   the   Chair  or   a 
member,  the  presiding  officer  says  to  the 
assembly,  "  As  many  as  are  in  favor  of 
(as  the   question   may   be)    will  rise  and 
remain  standing  until  they  are  counted." 
After  the  count  he  then  says,  "  The  ayes 
will   be   seated   and   the   noes  will   rise." 
Unless  there  is  some  other  arrangement 
made  by  the   rules,  the  presiding   officer 
counts  as  well  as  announces  the  vote. 

In  many  legislative  assemblies,  where 
the  members'  seats  are  permanent  and  in 
divisions,  a  permanent  teller  or  monitor  is 
appointed  for  each  division,  who  announces 


§  232  METHODS   OF    VOTING.  173 

the  vote  in  his  division,  which  announce- 
ment is  repeated  by  the  Chair  so  as  to 
avoid  error,  and  then  taken  down  by  the 
clerk.  The  total  result  is  then  announced 
by  the  Chair. 

232.  Yeas  and  Nays. —  The  Constitu- 
tion of  the  United  States,  and  probably 
those  of  all  the  States,  provide  that  upon 
demand  of  one-fifth  of  the  members  the 
vote  shall  be  taken  by*  yeas  and  nays. 
When  there  is  no  constitutional  provision 
or  special  rule,  the  assembly  by  majority 
can  order  a  vote  by  yeas  and  nays. 

The  method  of  voting  by  yeas  and  nays 
is  as  follows:  The  presiding  officer  says, 
"  As  many  as  are  in  favor  of  (as  the  ques- 
tion may  be)  will,  when  their  names  are 
called,  say  aye,  and  those  opposed  no." 
The  clerk,  having  an  alphabetical  list  of 
members,  calls  each  by  name  in  regular 
order,  and  as  each  member  replies  his  vote 
is  counted.  After  the  first  name  has  been 
called  the  call  can  not  be  interrupted, 
even  by  the  arrival  of  the  hour  appointed 
for  the  adjournment  of  the  assembly.  A 
convenient  method  of  noting  such  a  vote 
is  to  have  two  columns  after  the  names, 


174  PARLIAMENTARY    RULES.  §  232 

one  for  yeas  and  the  other  for  nays, 
and  to  write  in  the  appropriate  column 
the  number  of  the  vote;  that  is,  the  first 
aye  is  noted  by  the  figure  i  in  the  "  aye  " 
column-  the  second  by  the  figure  2. 
In  like  manner  in  the  "no"  column,  the 
first  no  is  noted  by  the  figure  i,  and 
the  second  by  the  figure  2,  and  so  on.  By 
this  means  the  number  at  the  end  of  the 
column  will  give  the  ayes  and  noes 
at  a  glance.  If  the  roll  or  list  is  twice 
gone  over,  and  the  names  of  those  not 
voting  are  called  a  second  time  a  dash  in 
the  appropriate  column  for  each  vote  will 
enable  the  result  to  be  readily  reached. 
The  vote  is  usually  recapitulated,  if  de- 
manded, by  reading  each  name  and  the 
vote  given. 

NOTE. —  In  the  French  Chamber  of  Deputies 
there  is  still  another  method  of  voting.  On  the 
desk  of  each  member  are  two  piles  of  tickets,  one 
white  and  the  other  blue,  having  printed  on  each 
the  name  of  the  member.  An  urn  is  carried  up 
and  down  the  aisles,  and  each  member  deposits  a 
white  ticket  for  yes  or  a  blue  ticket  for  no.  Each 
ticket  with  the  name  of  the  member  is  announced. 
Proxy  voting  is  said  to  be  a  custom.  The  appel 
nominal*  still  another  method  of  voting,  requires 


§  233  METHODS    OF    VOTING.  175 

each  member  to  present  himself  on  the  tribune  and 
there  deposit  his  vote.  In  England  the  division 
requires  the  members  to  go  into  separate  lobbies, 
and  as  they  return  their  names  are  checked  by 
clerks,  and  thus  what  is  substantially  a  yea  and 
nay  vote  is  obtained. 

233.  In  the  House  of  Representa- 
tives.—  At  any  time  before  the  question 
of  yeas  and  nays  is  pending,  or  after  it 
has  been  refused,  a  vote  may  be  had  by 
tellers  upon  the  demand  of  at  least  one- 
fifth  of  a  quorum.  Thereupon  the  two 
tellers  appointed  by  the  Chair  take  their 
places  facing  each  other  in  front  of  the 
main  aisle,  in  the  open  space  before  the 
Speaker's  desk,  and  those  in  the  affirma- 
tive pass  between,  and  then  those  in  the 
negative,  and  are  counted,  the  number 
being  announced  at  the  end  of  each  count. 
Then  the  stragglers  pass  between,  each 
being  announced  by  the  tellers.  The 
movement  in  passing  between  is  from  the 
Speaker's  desk  toward  the  rear  of  the  hall. 
When  all  have  voted  the  Chair  announces 
that  the  tellers  have  reported,  and  states 
the  result. 

The  vote  on  the  question  of  demanding 


176  PARLIAMENTARY    RULES.  §  234 

the  yeas  and  nays  is  always  taken  by  a  ris- 
ing vote,  unless  on  a  motion  tellers  are  or- 
dered. On  a  demand  for  yeas  and  nays 
a  majority  can  reconsider.  (See  Sec.  204.) 
Tellers  are  appointed,  two  in  number, 
to  represent  the  opposing-  views,  one  of 
them  being  for  the  affirmative  and  the 
other  for  the  negative.  The  rising  vote 
and  the  yeas  and  nays  are  taken  as  de- 
scribed in  previous  paragraphs,  the  rising 
vote  being  counted  by  the  Speaker. 

234.  Other  Methods  of  Voting.—  In- 
stead of  a  rising  vote,  as  already  described, 
the  presiding  officer  may  call  for  a  show 
of  hands,  asking  first  those  in  the  affirma- 
tive to  hold  up  their  right  hands,  and  next 
those  in  the  negative.     It  is  also  often  a 
matter  of  convenience  to  take  the  vote  by 
asking  those    in  the    affirmative  to   take 
their  places  in  that  part  of  the  hall  at  the 
right   of  the   chairman,  and   those  in  the 
negative  to  take  their  places  on  the  left. 
Where  the  assembly  is  not  seated,  one  or 
the  other  of  these  methods   must  be  re- 
sorted to. 

235.  Decisions  of  Points   of  Order, 
etc.,  During  Divisions. —  While  a   divis- 


§236  C 

ion  is  going*  on  all  questions  as  to  who  has 
the  right  to  vote  and  as  to  members  being 
excused  from  voting  must  be  decided  by 
the  presiding  officer  without  appeal  and 
without  debate,  although  he  may,  if  he 
chooses,  ask  advice,  which  members  must 
give  sitting.  After  the  division  is  over 
the  assembly  may  correct  any  error  made 
by  the  presiding  officer.  The  presiding 
officer  is  vested  with  this  temporary  power 
because  divisions  upon  divisions  might 
lead  to  infinite  confusion. 


CHAPTER   XV. 

Proceedings  Between  Co-ordi- 
nate Branches  of  a 
Legislature. 

236.   Methods  of  Communication.— 

Heretofore  we  have  discussed  the  law  of 
procedure  which  governs  assemblies  acting 
for  themselves.  We  have  next  to  consider 
them  when  acting  in  conjunction  with 
coordinate  branches  and  forming  legisla- 

12 


178  PARLIAMENTARY    RULES.  §  237 

tures.  In  such  a  case  each  body  is  inde- 
pendent except  so  far  as  it  chooses  to  bind 
itself  by  the  adoption  of  joint  rules.  Since, 
however,  it  is  necessary  for  both  bodies 
to  unite  in  a  legislative  act,  and  some  com- 
munication is  necessary  between  them, 
there  have  grown  up  various  methods  of 
communication,  of  which  four  are  in  com- 
mon use,  viz.: 

Messages. 

Joint  committees. 

Select  committees. 

Conferences. 

237.  Messages,  —  A  message  is  the 
most  common  method  of  communication, 
and  may  relate  to  bills,  amendments,  parlia- 
mentary privileges,  conferences,  or  any 
subject  requiring  the  action  of  both  bodies. 
Messages  are  delivered  by  the  clerk  or 
secretary  of  the  body  sending  them,  and  all 
business  in  the  House  receiving  the  mes- 
sage is  suspended  and  interrupted  while 
the  message  is  presented  by  the  clerk, 
who  first  addresses  the  Chair  and  is  rec- 
ognized. If  the  House  is  in  Committee 
of  the  Whole  it  rises  informally,  and  some 
member  takes  the  chair.  Upon  receipt 


§  238  CO-ORDINATE    BRANCHES.  179 

of  the  message  the  business  interrupted 
is  resumed. 

238.  Joint   Committees. —  Joint  com- 
mittees may  at  any  time  be  appointed  by 
both  bodies,   which   committees  may  be 
standing  committees  and  have  charge  of 
certain  kinds   of    business.     Some    State 
Legislatures  transact  all  their  committee 
business  by  the  aid  of  joint  standing  com- 
mittees.   Each  House  selects  its  own  mem- 
bers, and  the  number  from  eacl^  House  is 
agreed  upon  by  both. 

239.  Select  Committees.- 
committees    appointed    by 
which  communicate  with 

do  not  act  jointly.  They 
selected  for  special  purpose, 
usual  in  this  country. 

240.  Conferences. — A    confere 
one   of    the  methods   of    commu 
between   two   assemblies  which  together 
constitute  the  legislative  department  of  a 
government.     Whenever   a  disagreement 
as  to  amendments  between  the  two  Houses 
has  reached  such,  a  phase  that  it  seems 
likely  to  be  final,  the  House  which  has 
the  papers  usually  asks  a  conference  upon 


180  PARLIAMENTARY    RULES.  §241 

the  disagreeing  votes  of  the  two  Houses 
and  announces  the  names  of  the  com- 
mittee of  conference.  This  action  is 
communicated  to  the  other  House  by  a 
message.  The  other  House  then  agrees 
to  the  request  for  a  conference  and  ap- 
points its  committee.  These  committees 
are  so  composed  as  to  represent  as  far  as 
possible  those  in  favor  and  those  opposed 
on  the  disputed  questions  in  both  Houses. 
If,  for  example,  three  are  appointed  by  each 
House,  two  should  represent  the  majority 
in  each  House  and  one  the  minority. 

241.  Object  of  a  Conference.— The 
object  of  a  conference  is  to  obtain  such  a 
knowledge  by  each  House  of  the  senti- 
ment and  opinions  of  the  other  House,  and 
the  reasons  therefor,  as  may  enable  them 
to  adjust  their  differences.  As  it  would 
be  inconvenient  and  unsuitable  for  both 
bodies  to  unite,  they  act  by  committees. 
The  old  method  of  conference  was  very 
cumbersome.  The  committee  of  the  House 
asking  the  conference  laid  before  the 
.Committee  of  the  other  House  a  statement 
af  reasons,  in  writing,  for  disagreeing, 
usually  adopted  previously  by  the  body 


§  242  CO-ORDINATE    BRANCHES.  181 

itself.  This  statement,  with  the  papers, 
was  presented  to  the  other  committee,  and 
by  them  laid  before  the  House  they  rep- 
resented, and  if  they  proved  satisfactory 
a  message  of  agreement  was  sent;  but  if 
the  reasons  did  not  satisfy,  then  the  body 
which  had  been  appealed  to  asked  for  a 
second  conference,  and  presented  its  rea- 
sons, in  writing,  for  non-compliance. 
There  the  matter  ended,  unless  a  free 
conference  was  asked  by  the  House  origi- 
nally moving.  While  a  free  conference 
was  being  had  neither  House  remained  in 
session. 

242.  A  Free  Conference. —  A  free  con- 
ference is  one  where  the  conferees  meet 
and  present,  not  only  the  reasons  of  each 
House,  but  such  arguments,  and  reasons, 
and  persuasions  as  seem  suitable  to  each 
member  of  the  committee.  Instead  of 
being  confined  to  reasons  adopted  by 
either  of  the  Houses,  each  member  may 
present  his  own.  A  conference  may  there- 
fore be  a  free  conference  though  each 
House  may  have  instructed  its  members 
and  limited  them  to  the  terms  of  agree- 
ment. 


182  PARLIAMENTARY    RULES.  §  243 

This  method  of  conference  is  the  only 
one  known  to  our  parliamentary  law,  at 
least  it  is  Ihe  only  one  now  in  practice. 
When  two  legislative  bodies  in  this  coun- 
try have  a  conference,  it  is  a  free  confer- 
ence. With  us  the  conference  committee 
can  sit  during  the  session  of  both  Houses. 

The  method  described  in  the  preceding 
paragraph  wa^  formerly  in  use  in  England, 
but  in  regard  to  bills,  conferences  are  now 
disused,  an  agreement  being  brought 
about  between  the  two  Houses  by  means 
of  messages. 

243.  Action  of  Conference  Commit- 
tees.—  The  object  of  a  conference  being 
the  adjustment  of  differences  between 
two  bodies,  and  the  conference  consisting 
of  independent  committees,  its  report  to 
be  a  valid  one  must  be  agreed  to  by  a 
majority  of  the  committee  from  each 
House.  The  committee  of  the  House  which 
makes  the  request  for  conference,  being  in 
possession  of  the  papers,  passes  the  papers 
to  the  other  committee,  and  in  case  of  an 
agreement  the  report  is  first  made  to  the 
House  assenting  to  the  request  for  a  con- 
ference. In  case  of  a  disagreement,  the 


§244  CO-ORDINATE    BRANCHES.  183 

House  first  asking  for  a  conference  retains 
the  papers  and  asks  for  another  conference. 
It  often  happens  that  several  conferences 
are  had  before  an  agreement  is  reached. 

The  conference  may  agree  on  some 
things  and  disagree  on  others.  In  that 
case,  the  Houses  may  ratify  the  agree- 
ments and  again  confer  as  to  the  rest. 
No  one  but  the  conferees  are  entitled  to 
be  present  at  a  conference. 

244.  Report     of    Conference    Com- 
mittees. —  The    report  of    a  conference 
committee  must  be  in  writing  and  signed 
by  those  agreeing  thereto,  and  must  have 
the  signatures  of  a  majority  "of  the  repre- 
sentatives  of    each    House.      The   report 
should  be  first  made  and  acted  upon  by 
the  House  which  was  invited  to  the  con- 
ference.    It   is  then  passed  upon  by  the 
other  House,  if  agreed  to.    If  not  agreed  to 
by  either  House,  the  only  method  of  re- 
newing the  question  is  by  a  further  con- 
ference or  by  one   House  receding  and 
concurring  with  the  other. 

245.  Method  of  Obtaining  Conference. 
—  Whenever  the  two  Houses  have  reached 
the  point  where  they  disagree,  the  House 


184  PARLIAMENTARY    RULES.  §  245 

which  has  the  papers  may  reject  the 
amendments  of  the  other  House  and  ask  a 
conference,  or,  if  there  be  urgency,  one 
House  may  amend  the  bill,  and  without 
waiting  for  the  rejection  of  these  amend- 
ments may  ask  a  conference.  Of  course 
the  adoption  of  the  amendments  obviates 
the  necessity  of  a  conference  and  prevents 
any  reply  to  the  request.  Such  is  the 
practice  in  Congress.  The  formal  method, 
which  perhaps  any  House  has  a  right  to 
insist  on,  is  illustrated  in  this  way:  A  bill 
passed  by  one  House  is  amended  in  the 
other  and  returned.  The  originating 
House  disagrees  to  the  amendment,  and 
notifies  the  amending  House  by  a  message, 
returning  the  papers.  Thereupon  the 
amending  body  either  recedes  and  concurs 
or  insists  and  asks  for  a  conference.  The 
conference  may  report  agreement  with 
amendments,  but  may  not  change  any 
item  already  agreed  to  by  both  Houses. 
The  report  of  a  conference  committee 
can  not  be  amended.  It  must  be  accepted 
or  rejected  as  it  stands.  If  the  body 
acting  on  the  conference  report  finds  itself 
unable  to  agree  to  it,  and  desires  to  agree 


§  246  CO-ORDINATE    BRANCHES.  185 

with  a  modification,  the  method  of  pro- 
cedure is  to  reject  the  report,  ask  for 
another  conference,  and  then  instruct  the 
committee  to  ask  the  conferees  of  the 
other  body  to  agree  to  the  proposed  amend- 
ment to  the  report. 

246.  Procedure  in  the  Assembly.—  A 
conference  report  has  precedence  over  any 
other  business,  because,  being  the  proced- 
ure by  which  a  final  agreement  is  reached 
between  the  two  Houses,  the  assent  of 
both,  which  is  essential  to  legislate  on  it, 
must  be  further  advanced  than  any  subject 
under  debate.  The  courtesy,  also,  between 
the  two  bodies  requires  that  precedence 
should  be  given  to  joint  business.  Accord- 
ingly, in  the  United  -States  House  the 
conference  report  is  privileged,  even 
against  a  motion  to  adjourn,  and  may  be 
made  at  anytime  except  while  the  journal 
is  being  read,  the  roll  called,  or  the  House 
dividing.  This  is  but  a  declaration  of 
general  parliamentary  law,  except  the 
privilege  given  as  against  a  motion  to 
adjourn.  In  the  House,  also,  there  must 
accompany  the  conference  report  a  de- 
tailed statement  sufficiently  explicit  to  in- 


186  PARLIAMENTARY    RULES.  §  24? 

form  the  House  what  effect  the  amend- 
ments or  propositions  will  have  upon  the 
measures  to  which  they  relate. 

247.  Motions  Relating  to  Agreement 
and  Disagreement  Between  the  Two 
Houses. —  These  motions  are  five  in  num- 
ber, and  have  priority  in   the   following 
order: 

To  concur. 
To  non-concur. 
To  recede. 
To  insist. 
To  adhere. 

248.  To  Concur. —  A  motion  to  concur 
is  the  proper  motion  to  make  where  one 
House  has  sent  a  bill  to  the  other  which 
has  been  returned  with   an  amendment. 
So  where  one  House  has  sent  a  bill  to  the 
other  which  has  been  amended  and   re- 
turned, and  the  originating  House  desires 
to   agree  but  wishes  the   amendment  in 
some  way  changed,  the  proper  motion  is 
to   concur    with    an    amendment,    which 
amendment  having  been  agreed  to  by  the 
other  House  the  bill  would  then  be  passed. 

249.  To  Non-concur. —  This  motion  is 
proper  where  the  House   desires  uncon- 


§  250  CO-ORDINATE    BRANCHES.  187 

ditionally  to  reject  the  amendment  of  the 
other  House.  Even  when  this  motion  is 
pending  a  motion  to  concur  would  be  in 
order,  and  also  a  motion  to  concur  with  an 
amendment. 

250.  Remarks     on     the     Preceding 
Motions. —  Each  of  these  two  motions,  to 
concur  and  to  non-concur,  is  the  reverse  of 
the  other,  and  hence  when  one  is  rejected 
the    other    is    considered    adopted.     The 
motion   to  concur  is  always   put   first,  if 
demanded,  even  if  the  other  is  moved  first, 
because  it  is  the  affirmative  and  is  in  the 
line  of  agreement  with  the  other  body.    If 
the  motion  to  concur  is  negatived,  it  is  an- 
nounced that  the  House  non-concurs.     If 
the  motion  to  non-concur  is  negatived,  the 
announcement  is  that  the  House  concurs. 

When  the  motion  to  concur  with  amend- 
ment is  lost,  the  question  of  concurrence 
or  non-concurrence  pure  and  simple  is 
still  open. 

251.  To    Recede.  —  This    motion    is 
proper  where  the  House  has  previously 
non-concurred,   and,   upon    the    question 
again  coming  up,  desires  to  recede  from 
that  position. 


188  PARLIAMENTARY    RULES.  §  252 

For  example,  when  a  bill  has  passed  one 
House  and  been  returned  with  an  amend- 
ment, which  is  non-concurred  in,  and  the 
amending  House  sends  it  back,  insisting 
on  the  amendment,  and  the  originating 
House  on  reflection  concludes  to  adopt 
the  amendment,  the  proper  course  is  to 
recede. 

252.  To  Insist. —  If,  however,  the  origi- 
nating House  in  the  case  above  described 
desires   to   continue   its   rejection   of   the 
amendment,  a    motion    to   insist    is    the 
proper   motion. 

The  motion  to  insist  may  be  coupled 
with  a  motion  to  ask  a  conference,  and 
always  leaves  open  the  question  of  future 
action  between  the  two  bodies. 

253.  To  Adhere.—  If,  however,  either 
House  desires  to  notify  the  other  that  its 
determination  is  fixed  to  make  or  reject 
the  proposed  amendment,  even  if  it  causes 
the  loss  of  the  bill,  a  motion  to  adhere  is 
the   proper  motion.     After  both  Houses 
have  adopted  the  motion  to  adhere,  the 
bill  is  lost. 

Nevertheless,  if  one  House  asks  a  com- 
mittee of  conference,  even  after  the  other 


§254  ORDER   OP   BUSINESS.  189 

House  has  voted  to  adhere  it  is  usual  to 
grant  the  request. 

254.  Remarks  on  the  Preceding  Mo- 
tions.—  The  motions  to  concur  and  to 
non-concur  being  the  opposite  and  sole 
alternative  each  of  the  other,  a  negative 
vote  on  the  one  is  the  same  as  an  affirma- 
tive vote  on  the  other.  Such,  however,  is 
not  the  case  with  the  three  motions  last 
described.  After  refusing  to  recede,  or  to 
insist,  or  to  adhere,  there  is  still  a  choice 
between  the  other  two,  and  hence  a  nega- 
tive on  one  is  not  an  affirmative  vote  on 
either  of  the  other  two. 


CHAPTER    XVI. 

Order  of  Business. 

255.  Orders  of  the  Day.—  In  the  ab- 
sence of  special  arrangements  made  by  the 
assembly,  the  natural  order  of  business  is 
the  one  to  be  followed.  Each  piece  of 
business  upon  being  presented  is  in  order 
until  disposed  of  and  the  next  presented 
is  taken  up.  But  it  may  happen  that  the 


190  PARLIAMENTARY    RULES.  §  256 

nature  of  the  business  to  be  done  is  such 
that  special  notice  needs  to  be  given,  or  its 
friends  may  desire  to  be  sure  that  it  will 
have  on  a  certain  day  the  right  of  way. 
In  that  case,  under  general  parliamentary 
law,  the  method  is  to  move  that  this  ques- 
tion  be  the  order  of  the  day  on  a  given 
day.  This,  with  such  other  questions  as 
were  set  down  in  a  similar  manner  for  that 
day,  would  be  the  order  of  the  day.  If 
there  were  several  questions  appointed  for 
the  day,  each  would  have  priority  in  the 
order  of  assignment,  and  the  first  one 
assigned  would  be  the  first  one  considered. 
If  an  hour  is  fixed  for  one  of  the  orders  of 
the  day,  when  that  hour  arrives,  the  busi- 
ness in  which  the  assembly  is  engaged  is 
suspended  until  the  business  appointed  for 
that  hour  is  disposed  of.  This  is  the  rule 
even  if  the  business  pending  is  itself  an 
order  of  the  day. 

256.  Postponement  to  a  Day  Certain. 
—  Whenever  a  main  question  has  been 
postponed  on  motion  to  a  day  certain,  it 
becomes  on  that  day  one  of  the  orders  of 
the  day.  In  fact,  a  motion  that  a  particu- 
lar question  be  the  order  of  the  day  for 


,§257  ORDER  OF    BUSINESS.  191 

another  day  is  in  fact  a  motion  to  postpone 
to  a  day  certain.  Hence  a  motion  that  a 
measure  be  the  order  of  the  day  can  only 
be  made  when  the  measure  could  itself  be 
properly  brought  before  the  assembly. 
Most  frequently,  however,  orders  of  the 
day  are  arranged  by  general  consent. 

257.  Taking  up  Orders  of  the  Day.— 
When  orders  of  the  day  are  reached,  they 
can  be  called  up  on  the  suggestion  of  any 
member,  or  the  presiding  officer  may  lay 
them  before  the  assembly  in  their  regular 
order.     A  member  speaking  may  be  inter- 
rupted for   this   purpose.     Of  course  the 
action  of  the  assembly  in  assigning   the 
orders  of  the  day  is  not  irrevocable.     It 
may  be,  also,  that  the  a'ssembly  may  prefer 
to  go  on  with  the  business  already  before 
it.     In  that  event  the  question  of  consid- 
eration should  be  raised  against  the  order, 
and  if  decided  against  consideration  then 
the  business  previously  pending   can   be 
resumed.     In   that   event,  if    there   were 
several  orders,  the  question  of  considera- 
tion would  have  to  be  raised  against  ^ach 
order  of  the  day  in  succession. 

258.  In  the  United  States  House  of 


192  PARLIAMENTARY  RULES.         §259 

Representatives. —  In  the  House  of  Rep 
resentatives  a  bill  is  made  the  order  of  the 
day  either  by  agreement  or  postponement, 
by  suspension  of  the  rules  (see  Sec.  192) 
or  on  the  report  of  the  Committee  on  Rules. 
The  manner  of  doing  it  by  the  aid  of  the 
Committee  on  Rules  is  this:  A  resolution 
specifying  the  time,  and  also  the  manner, 
of  considering  the  special  question  is  sent 
to  the  Committee  on  Rules.  The  Commit- 
tee on  Rules  reports  to  the  House  by  a  res- 
olution. If  this  resolution  be  adopted  by 
the  House,  the  question  becomes  the  special 
order  for  the  day  specified.  This  resolu- 
tion is  in  the  nature  of  a  change  of  the 
rules,  and  often  for  that  special  case 
modifies  very  decidedly  the  ordinary  rules 
of  the  House. 

259.  Some  Changes  in  General  Par- 
liamentary Law  Made  by  Various 
Bodies,  and  Practical  Suggestions 
Thereon. —  The  order  of  business  already 
described  (Sec.  255;  see  Sec.  260)  is  the 
order  which  would  be  followed  under 
general  parliamentary  law.  It  naturally 
places  much  power  in  the  hands  of  the 
presiding  officer,  and  at  the  same  time 


§260  ORDER   OF   BUSINESS.  193 

imposes  upon  him  arduous  responsibilities. 
In  small  assemblies,  or  in  those  which 
have  but  little  work  to  perform,  it  is  of 
course  all  that  is  necessary;  but  where 
the  assembly  is  large  and  the  number  of 
measures  to  be  presented  is  great  there 
must  be  modifications,  not  only  of  this 
general  order  of  business,  but  of  a  few  of 
the  rules  of  general  parliamentary  law. 
Of  the  extent  of  these  modifications  each 
assembly  must  judge  for  itself,  and  but 
few  suggestions  can  be  made.  It  has 
seemed  to  me  that  the  best  service  such  a 
manual  as  this  could  render  would  be  to 
show  some  practical  modifications  which 
have  been  made  and  leave  the  question  of 
modification  in  each  particular  case  to  the 
needs  of  the  assembly  on  which  it  must 
necessarily  depend. 

260.  Natural  Order  of  Business. — 
The  natural  order  of  business,  as  already 
stated,  would  be: 

Calling  to  order. 

Reading  and  approval  of  the  minutes  of 
the  previous  meeting. 

Unfinished  business. 

New  business, 
13 


194  PARLIAMENTARY    RULES.  §  261 

Adjournment. 

261.  Modification  by  Orders  of  the 
Day. —  The  first  modification  which  could 
be  made  would  be  under  general  parlia- 
mentary law,  and  would  be  the  introduc- 
tion of  orders  of  the   day  which   would 
supersede  the  natural  order,  and  for  that 
day  the  course  of  procedure  would  be: 

Calling  to  order. 

Approval  of  the  journal. 

Orders  of  the  day. 

Unfinished  business. 

New  business. 

Adjournment. 

Rules  may,  however,  be  adopted  placing 
the  orders  of  the  day  after  unfinished  busi- 
ness or  in  any  other  position. 

262.  Modification  as  to  the  Introduc- 
tion of  New   Business  and  Reference 
to    Committees.  —  Where    the    business 
is  more  extensive,  and  is  to  be  referred 
to  standing  committees,    other  modifica- 
tions would  be  necessary  to  provide  both 
for  reference  and   report,   and  a  simple 
order  would  be  as  follows: 

Calling  to  order. 
Approval  of  the  journal. 


§263  ORDER   OF   BUSINESS.  195 

Introduction  of  business  for  reference 
to  committees. 

Unfinished  business. 

Report  of  committees  for  action. 

Adjournment. 

Under  this  order  of  business  each  report 
of  the  committee  could  be  taken  up  and 
disposed  of,  or  could  have  a  day  assigned 
to  it,  and  on  that  day  the  order  would  be 
modified  by  the  insertion  of  the  measure 
as  an  order  of  the  day  next  after  the  read- 
ing of  the  journal,  or  after  the  unfinished 
business,  or  at  a  stated  hour,  as  might  be 
specified.  When  the  proper  time  arrived 
the  report  would  be  laid  before  the  assem- 
bly. If  then  the  assembly  desired  to  go 
on  with  the  unfinished  business,  it  could 
raise  the  question  of  consideration  against 
the  order  of  the  day. 

263.  Order  Where  Calendars  Are 
Necessary. —  If,  again,  the  business  oi 
the  assembly  was  so  great  that  it  could 
not  be  disposed  of  at  the  time  it  was  re- 
ported from  the  committees,  and  calendars 
or  lists  have  to  be  made,  then  there  would 
have  to  be  another  modification  of  the 
order  of  business,  as  follows: 


196  PARLIAMENTARY   RULES.  §264 

Calling  to  order. 

Approval  of  the  journal. 

Introduction  of  business  for  reference. 

Reports  of  committees  for  reference  to 
calendars. 

Unfinished  business. 

Reports  of  committees  for  action. 

Action  on  reports  already  made. 

Other  business. 

Adjournment. 

264.  Rank  of  Motions.  —  There  is 
hardly  any  legislative  body  which  has  not 
changed  the  order  and  rank  of  motions 
from  that  laid  down  by  general  parlia- 
mentary law.  While  there  are  differences 
in  the  changes  which  have  been  made, 
there  has  been  remarkable  unanimity  in 
one  respect,  if  one  can  judge  from  the 
examination  of  the  rules  of  the  popular 
branch  in  a  dozen  or  more  States  in  differ- 
ent parts  of  the  Union.  The  previous 
question  has  been  much  advanced  in  scope 
and  position,  and  the  motion  to  indefinitely 
postpone  has  been  in  a  measure  relegated 
to  the  rear.  In  one  important  legislative 
body,  the  Massachusetts  House,  it  has  no 
place  on  the  list  whatever. 


§264  ORDER   OF    BUSINESS.  1U7 

It  would  serve  but  little  purpose  to 
enumerate  in  a  volume  of  this  size  the 
different  orders  actually  adopted  in  the 
different  States,  especially  as  a  single 
order  can  be  given  which  will  substantially 
represent  .the  opinion  of  all  the  bodies 
referred  to.  The  following  is  the  order  in 
Tennessee  (both  branches),  Michigan,  and 
Wisconsin: 

When  a  question  is  under  debate,  no 
motion  shall  be  received  but  — 

To  adjourn. 

To  lay  on  the  table. 

For  the  previous  question. 

To  postpone  to  a  day  certain. 

To  commit. 

To  amend. 

To  postpone  indefinitely. 

Which  several  motions  shall  have  pre- 
cedence in  the  order  in  which  they  stand 
arranged. 

This  order  is  hardly  anywhere  varied 
from  in  the  first  three  items.  In  the  next 
item,  commitment  sometimes  precedes 
postponement,  and  in  the  New  Hampshire 
House  and  the  Washington  House  the 
order  is  varied  by  putting  indefinite  post- 


198  PARLIAMENTARY    RULES.  §  265 

ponement  between  the  previous  question 
and  postponement  to  a  day  certain,  and  in 
Connecticut  the  order  is  much  the  same. 

265.  United  States  House  of  Repre- 
sentatives.—  The  rule  in  the  last  Con- 
gress (Fifty-second)  was: 

"  When  a  question  is  under  debate,  no 
motion  shall  be  received  but  — 

"To  fix  the  day  to  which  the  House 
shall  adjourn. 

"To  adjourn. 

"  To  take  a  recess. 

"  To  lay  on  the  table. 

"  For  the  previous  question  (which  mo- 
tions shall  be  decided  without  debate). 

"  To  postpone  to  a  day  certain. 

"  To  refer  or  amend. 

"To  postpone  indefinitely  (which  sev- 
eral motions  shall  have  precedence  in  the 
foregoing  order).  And  no  motion  to  post- 
pone to  a  day  certain,  to  refer,  or  to  post- 
pone indefinitely,  being  decided,  shall  be 
again  allowed  on  the  same  day  at  the 
same  stage  of  the  question." 

In  the  Fifty-first  Congress  the  rule  was 
the  same,  except  that  the  first  and  third 
items  were  omitted. 


§  266  SPECIAL    RULES.  199 

CHAPTER  XVII.. 

Special  Rules. 

266.   Practical  Suggestions.— As  has 

been  freqtiently  said  already,  the  general 
parliamentary  law  as  laid  down  in  this 
manual  is  amply  sufficient  for  all  ordinary 
assemblies.  Most  legislatures,  with  some 
rules  for  the  order  'of  business  and  some 
provision  changing  the  order  of  motions, 
could  be  safely  conducted  on  the  general 
law.  The  House  of  Representatives  of 
the  Fifty-first  Congress  had  no  other 
rules,  except  those  relating  to  the  number 
and  duties  of  committees,  from  December 
ist  to  February  i6th,  and  were  able  to 
transact  business  satisfactorily,  notwith- 
standing a  high  state  of  political  feeling. 
Indeed,  any  one  who  has  examined  the 
rules  of  various  State  legislatures  will  see 
that  a  large  part  of  the  rules,  so  called,  are 
but  repetitions  of  the  provisions  of  the 
general  parliamentary  law. 

It  remains,  therefore,  only  to  point  out 
the  dangers  of  abuse  of  the  regulations  of 


200  PARLIAMENTARY    RULES.  §267 

the  general  law,  so  that  each  assembly  may 
see  where  amendments  should  be  made. 

267.  Changes  in  Order  of  Business. — 

So  far  as  the  order  of  business  is  concerned 
nothing  remains  to  be  said.  There  have 
already  been  given  orders  of  business 
suitable  for  all  ordinary  purposes  outside 
of  the  legislative  bodies  of  States.  Only 
one  caution  need  be  added,  and  that  is 
that  no  rules  should  be  adopted  calculated 
to  smother  or  thrust  aside  unfinished 
business.  Such  rules  would  ruin  any 
assembly  for  purposes  of  action.  (See 
Sees.  260-263.) 

There  remains,  then,  only  the  order  or 
rank  of  motions. 

268.  Change  in  Rank  of  Motions. — 
The    danger    attendant    upon    the    rank 
which  motions  have  in  general  parliament- 
ary law  arises  principally  from  the  unwill- 
ingness of  men  to  forego  debate  even  after 
full  discussion.     Representatives  in  Con- 
gress, and  sometimes  even  Senators,  do  not 
finish  when  they  have  got  through.    To  this 
natural  desire  for  debate  must  be  added 
the  disposition,  which  ha^  grown  so  much 
of  late  as  to  attract  animadversion  in  all 


§  268  SPECIAL    RULES.  201 

countries  governed  by  the  parliamentary 
system,  the  disposition  to  use  debate  to 
waste  time,  cause  delay,  and  prevent  ac- 
tion. Hence  the  prominence  given  to  the 
previous  question  in  all  legislative  bodies, 
Having  public  business  to  perform,  and 
generally  within  a  stated  time,  they  have 
put  on  record  the  need  of  control  of  de- 
bate. This  most  of  them  have  done  in 
two  ways,  viz.:  First,  by  establishing  an 
order  of  motions  which  enables  the  as- 
sembly to  cut  off  the  motion  to  commit, 
both  motions  for  postponement,  the  mo- 
tion to  amend,  and  all  debate.  This  is 
done  by  giving  precedence  over  all  these 
other  motions  to  the  motion  for  the  pre- 
vious question.  The  rule  needed  to  make 
this  change  is  given  in  Sees.  264  and  265. 
Where  this  rule  exists,  the  previous 
question  shuts  off  all  the  other  motions, 
all  debate,  and  brings  the  assembly  to  a 
vote,  first  on  pending  amendments  and 
then  on -the  main  question. 
r  Second,  the  previous  question  has  been 
extended  not  only  to  the  main  question, 
but  also  to  the  various  other  motions 
which  are  debatable.  Such  a  rule  exists 


202  PARLIAMENTARY    RULES.  §  269 

in  the  United  States  House  (Rule  XVII), 
A  model  on  which  such  a  change  can  be 
made  if  the  assembly  so  desires  would  be 
as  follows: 

The  previous  question  may  be  ordered) 
upon  all  recognized  motions  or  amend- 
ments which  are  debatable,  and  shall  have 
the  effect  to  cut  off  all  debate  and  bring 
the  assembly  to  a  direct  vote  upon  the 
motion  or  amendment  on  which  it  has 
been  ordered. 

269.  Two-thirds  Requirement.  —  So 
strong  is  the  natural  feeling  in  favor  of 
debate  that  many  assemblies  adopt  the 
rule  requiring  a  two-thirds  vote  to  order 
the  previous  question.  Where  party  feel- 
ing does  not  exist,  such  a  rule  can  do  no 
harm,  although  probably  unnecessary, 
since  assemblies  are  always  unwilling  to 
cut  off  discussion,  and  this  feeling  is  suffi- 
cient protection.  Where  party  feeling, 
however,  does  exist,  such  a.  requirement 
would  defeat  the  rule. 

The  English  closure  rule  began  by 
such  a  requirement  as  merely  enabled  the 
two  parties,  the  Liberals  and  the  Conserva- 
tives, when  united  to  suppress  the  Irish. 


§  270  FORMS.  203 

But  the  demands  of  actual  business  have 
changed  this  to  the  simple  requirement  of 
a  majority  with  the  assent  of  the  Speaker. 


CHAPTER  XVIII. 

Forms. 

270.  For    Calling   a    Meeting. —  The 

undersigned  invite  all  persons  desiring  to 
form  a  Circulating  Library  Association  for 
the  town  of  Hudson  to  meet  at  Deering 
Hall  on  Saturday,  the  i5th  day  of  July,  at 
3  o'clock  in  the  afternoon. 

J.  R.  REYNOLDS. 

M.  F.  BANKS. 

S.  R.  HAMMOND. 

271.  Calling  to  Order.—  Mr.  Reynolds 
having  been  designated  to  do  so,  or  of  his 
own  motion,  rises  in  his  place  at  the  time 
appointed    and   says,    "The   time   having 
arrived  for  opening  this  meeting  I  take 
the  liberty  to  call  it  to  order,  and  nominate 
Mr.  Banks  as  Chairman,  and  if  it  be  your 
pleasure  that  he  serve  you  as  Chairman 


204  PARLIAMENTARY    RULES.  §  271 

you  will  please  say  aye."  Then  the  ayes 
having  voted,  he  adds,  "Those  opposed, 
no.  The  ayes  have  it,  and  Mr.  Banks  will 
take  the  chair." 

Or  Mr.  Reynolds  may  say,  "The  time 
having  arrived  at  which  this  meeting  was 
invited  to  assemble,  I  call  it  to  order.  Will 
some  one  please  nominate  a  Chairman  ? " 
Thereupon,  if  several  are  nominated,  the 
name  first  presented  is  first  put  to  vote 
and  then  the  next,  until  a  Chairman  is 
obtained. 

Another  form: 

Or,  if  the  meeting  be  a  county  (city  or 
State)  convention,  Mr.  Reynolds  may  say, 
"  As  Chairman  of  the  County  Committee, 
the  time  having  arrived  for  the  convention 
to  meet,  I  call  it  to  order,  and  under  direc- 
tion of  the  committee  nominate  Mr.  Banks 
to  be  Chairman.  Is  it  your  pleasure  that 
he  serve  you  as  Chairman  ?  If  so,  please 
manifest  it  by  saying  aye."  Then  after  a 
pause,  "  Those  opposed  say  no.  The  ayes 
have  it.  Mr.  Banks  is  chosen  Chairman 
and  will  please  take  the  chair."  If  the 
vote  should  be  doubted,  then  it  can  be 
verified  by  a  hand  vote  or  by  calling  the 


§  272  FORMS.  205 

roll.  If  Mr.  Banks  does  not  receive  a 
majority,  then  the  Chairman  of  the  County 
Committee  would  call  for  nominations. 
Of  course  other  nominations  could  be 
made  before  the  vote,  and  if  the  Chairman 
of  the  committee  anticipates  any  contest 
he  should  give  opportunity  for  nomina- 
tions before  he  puts  any  vote. 

272.  The  Chairman. —  The  Chairman 
upon  taking  the  chair  usually  acknowl- 
edges the  compliment  paid  him  by  a  few 
words  of  thanks,  and  then  says  he  awaits 
the  further  pleasure  of  the  assembly. 
Whereupon  some  one  nominates  Mr. 
Hammond  as  Secretary.  The  Chairman 
then  announces  that  Mr.  Hammond  has 
been  nominated,  and  asks  if  there  are  any 
other  nominations,  and  puts  the  question  to 
the  assembly,  and  it  is  voted  on  in  the  same 
way  as  at  the  election  of  the  Chairman. 

The  organization  being  thus  completed, 
the  Chairman  reads,  or  causes  the  Secre- 
tary to  read,  the  call  for  the  meeting,  and 
then  the  business  proceeds  upon  some 
motion  made  by  a  member,  which  may  be 
for  the  appointment  of  a  committee  to 
examine  credentials,  or  for  permanent 


206  PARLIAMENTARY    RULES.  §  273 

organization,  or  a  resolution  to  express  the 
sentiment  of  the  meeting,  which  will  be 
open  to  all  subsidiary  and  incidental 
motions  and  subject  to  interruptions  by 
privileged  motions. 

273.  Parliamentary  Inquiries. —  If  a 
member  desires  to  know  what  will  be  the 
effect  of  a  certain  action  if  taken  by  the 
assembly,  or  desires  to  know  how  to  pro- 
ceed to  accomplish  a  certain  result,  he 
rises  and  says: 

"  Mr.  Chairman,  I  rise  to  a  parliamentary 
inquiry." 

The  Chairman:  "The  gentleman  will 
state  his  inquiry." 

The  member.-  "  Mr.  Chairman,  if  this 
motion  to  non-concur  is  defeated  what  will 
be  the  effect  ?  " 

The  Chairman:  "The  effect  will  be  to 
concur." 

The  member:  "Would  a  motion  to 
concur  be  in  order  so  that  we  might  have 
a  direct  vote  ?  " 

The  Chairman:     "  It  would." 

Another  example: 

"Mr.  Chairman,  a  parliamentary  in- 
quiry." 


§274  FORMS.  207 

"  The  gentleman  will  state  it." 

"  Do  not  the  rules  require  this  bill  to  be 
first  considered  in  the  Committee  of  the 
Whole  ? " 

"  The  gentleman  can  ascertain  that  by 
making  the  point.  The  Chair  thinks  so, 
but  will  not  rule  until  the  question  is  pre- 
sented." 

The  member:  "  Then,  Mr.  Chairman,  I 
make  the  point  of  order." 

274.  Points  of  Order.— The  last  ex- 
ample gives  a  form  for  this  incidentally. 
The  usual  course  when  a  point  of  order  is 
made  is  for  the  member  to  rise  and  say: 

"  Mr.  Chairman,  I  rise  to  a  point  of 
order." 

The  Chairman:  "  The  gentleman  will 
state  his  point  of  order." 

The  member:  "  Mr.  Chairman,  the  point 
of  order  is  this:  Our  rules  provide  that  at 
10  o'clock  unfinished  business  shall  be 
taken  up.  It  is  now  10  o'clock." 

The  Chairman:  "The  point  is  well 
taken,  and  the  Chair  will  lay  before  the 
assembly  the  unfinished  business."  Or 
the  member  may  rise  and  say,  "  Mr. 
Chairman,  I  call  the  member  to  order  and 


208  PARLIAMENTARY    RULES.  §  275 

ask  that  his  words  be  taken  down."  There- 
upon the  words  are  reported  by  the  ste- 
nographer and  read  to  the  assembly,  and 
the  assembly  takes  action. 

275.  Subsidiary  Motions. —  Considera- 
tion. 

The  member:  "Mr  Chairman,  I  raise 
the  question  of  consideration." 

The  Chairman:  "  The  gentleman  raises 
the  question  of  consideration.  As  many 
as  are  in  favor  of  consideration  will  say 
aye.  Those  opposed,  no.  The  ayes  have 
it,  and  the  assembly  will  proceed  to  the 
consideration  of  the  question."  Or,  "  The 
noes  have  it,  and  the  assembly  refuses  to 
consider." 

276.  Lay  on  the  Table.—  "  Mr.  Chair- 
man, I  move  that  the  resolution  be  laid  on 
the  table." 

277.  Postponement. —  "  Mr.  Chairman, 
I  move  that  the  order  be  indefinitely  post- 
poned."    "  Mr.  Chairman,  I  move  that  the 
further  consideration  of  the  resolution  be 
postponed   to   the    loth   of  next  July  at 
10  A.  M." 

After  this  last  motion  is  in  possession  of 
the  assembly  a  member  may  move  to 
amend. 


§  278  FORMS.  209 

"  Mr.  Chairman,  I  move  to  amend  by 
striking  out  the  word  '  July '  and  inserting 
the  word  'August/  " 

278.  Commit. — "  Mr.  Chairman,  I  move 
that  the  motion  be  committed  to  a  com- 
mittee of   ten   to    be    appointed    by   the 
Chair." 

"  Mr.  Chairman,  I  move  that  the  order 
be  committed  to  the  standing  committee 
on  assembly  expenses,  with  instructions  to 
ascertain  and  report  to  the  assembly  if 
such  expenditure  is  necessary  and  can  be 
properly  paid  out  of  the  funds  already 
collected." 

279.  Motions  to  Amend.—"  Mr.  Chair- 
man, I  move  to  strike  out  the  following 
words  (stating  them)  in  the  first  two  lines 
of  the  paragraph." 

"Mr.  Chairman,  I  move  to  insert  be- 
tvreen  the  words and in  the  sec- 
ond line  of  the  paragraph  the  following 
words  (stating  them)." 

"Mr.  Chairman,  I  move  to  strike  out 
the  words  (stating  them)  in  the  second 
line  of  the  paragraph  and  insert  in  their 
place  the  words  (stating  them)."  Or, 
"  Mr.  Chairman,  I  move  to  strike  out  the 

14 


210  PARLIAMENTARY    RULES.  §  280 

words  (stating  them)  in  the  third  line  of 
the  paragraph  and  add  the  following 
words  (stating  them)." 

280.  Previous  Question. —  "  Mr.  Chair- 
man, I  move  the  previous  question." 

The  Chairman :  "  The  gentleman  moves 
the  previous  question,  and  the  question 
before  the  House  is,  shall  the  main  ques- 
tion be  now  put?  As  many  as  are  in 
favor,"  etc. 

This  is  the  usual  form,  but  under  the 
American  practice,  especially  in  view  of  its 
extension  as  in  Rule  XVII,  House  of 
Representatives,  Sec.  268,  it  should  be, 
"The  question  is  upon  agreeing  to  the 
demand  for  the  previous  question.  As 
many  as  are  in  favor,"  etc. 

281.  Adjournment. —  "Mr.    Chairman, 
I     move     that     the     assembly    do    now 
adjourn." 

"  Mr.  Chairman,  I  move  that  the  assem- 
bly adjourn  to  meet  at  10  o'clock  to-mor- 
row morning." 

"  Mr.  Chairman,  I  move  that  when  this 
assembly  adjourns  it  adjourn  to  meet  at 
10  o'clock  on  Thursday  next." 

282.  Recess. —  "  Mr.  Chairman,  I  move 


§  283  FORMS.  211 

the  assembly  take  its  recess."  (See 
Sec.  174.) 

"  Mr.  Chairman,  I  move  this  assembly 
do  now  take  a  recess  until  7  o'clock  this 
evening." 

"  Mr.  Chairman,  I  move  this  assembly 
take  a  recess  from  3  o'clock  this  afternoon 
until  10  o'clock  to-morrow  morning." 

283.  Questions    of   Privilege.  —  "Mr. 
Chairman,  I  rise  to  a  question  of  privilege 
which  affects  the  rights  of  this  assembly." 
Or,  "  Mr.  Chairman,  I  rise  to  a  question  of 
personal  privilege." 

The  Chairman:  "The  gentleman  will 
state  his  question  of  privilege." 

284.  Incidental  Motions. —  The  modes 
of  raising  a  point  of  order  have  been  stated 
(Sec.  272).     The  other  incidental  motions 
are  as  follows: 

285.  Reading  of  Papers.—  "  Mr.  Chair- 
man, I  move  that  the  paper  (describing  it) 
be  read  by  the  clerk." 

286.  Suspension  of  Rules. —  "  I  move 
the  rules  be  suspended  and  the  resolution 
be  passed."     (See  Sec.  191.) 

287.  Withdrawal  of    Motion.— "  Mr. 
Chairman,  I  ask  consent  of  the  assembly 
to  withdraw  the  resolution." 


212  PARLIAMENTARY   RULES.  §  288 

288.  Division  of  Question  and  Point 
of  Order  Thereon. —  "  Mr.  Chairman,  I 
ask  for  a  division  of  the  question,  and 
move  that  it  be  divided  into  three  parts, 

the  first  to  end  with  the  word in  the 

third  line,  and  the  second  to  end  with  the 
word in  the  sixth  line." 

The  Chairman:  "The  gentleman  asks 
that  the  question  be  divided,  and  proposes 
the  following  division  (reciting  it).  If 
the  division  is  made,  the  assembly  will 
first  vote  on  the  first  proposition  (stating 
it),  then  on  the  second  (stating  it),  and 
then  on  the  third  (stating  it)." 

A  member:  "  Mr.  Chairman,  I  rise  to  a 
point  of  order." 

The  Chairman:  "The  gentleman  will 
state  his  point  of  order." 

The  member:  "  The  point  of  order  is 
that  one  of  the  parts  standing  by  itself  is 
not  a  substantive  proposition.  If  the  first 
were  negatived  the  rest  would  mean  noth- 
ing if  passed." 

The  Chairman:  "  The  point  of  order  is 
sustained  and  the  motion  overruled." 


§  289      HOUSE    OF    REPRESENTATIVES.  213 

CHAPTER  XIX. 

United  States  House  of  Repre- 
sentatives—  Methods  of 
Business. 

289.  Change  of  Rules  in  Fifty-first 
Congress, —  This  work  would  be,  perhaps, 
much  farther  from  completeness  than  it 
is  if  an  account  were  not  given  of  the 
difference  between  the  rules  of  the  House 
of  Representatives  before  the  Fifty-first 
Congress  and  the  rules  of  that  Congress. 
A  series  of  circumstances  prior  to  1890  had 
concurred  to  render  the  House  of  Repre- 
sentatives the  most  unwieldy  parliament- 
ary body  in  the  world.  The  last  revision 
of  the  rules  had  been  made  by  distinguished 
men  of  both  parties,  but  all  animated,  for 
different  reasons  then  existing,  by  a  desire 
that  the  minority  should  have  great  power. 
By  these  rules  adopted  by  the  Forty- 
sixth  Congress  the  power  was  really  made 
absolute.  The  motions  to  adjourn,  to  fix 
the  day  of  adjournment,  and  to  take  a 
recess,  being  "in  order  at  all  times,"  con- 


214  PARLIAMENTARY    RULES.  §  289 

stituted  a  barrier  by  which  three  resolute 
men  could  stop  all  public  business,  and  one- 
fifth  of  the  House,  owing  to  the  right  to 
call  the  yeas  and  nays,  could,  with  ease 
and  comfort,  use  up  three  hours  of  public 
time  by  the  employment  of  as  many  min- 
utes. One  member  could  move  to  take  a 
recess,  another  to  fix  the  time  to  adjourn, 
and  the  third  to  adjourn,  and  demand 
yeas  and  nays  on  each;  each  taking  up 
three-quarters  of  an  hour.  With  the 
time  usually  wasted  on  amendments  to 
two  of  these  motions,  the  three  hours 
would  go  on,  and  at  the  end  the  motions 
could  be  renewed  and  another  three  hours 
be  destroyed,  and  so  on  until  the  majority, 
tired  out,  wrould  surrender.  Even  without 
this  process  the  system  of  doing  business 
was  weak  beyond  measure.  Bills  were 
put  on  calendars,  and  there  was  no  way 
of  getting  them  off.  Senate  bills  went 
on  the  Speaker's  table,  and  stayed  there. 
The  "morning  hour"  for  committee 
reports  was  restricted  to  sixty  minutes,  and 
if  a  bill  got  there,  all  one  had  to  do  was  to 
have  one  roll-call  a  day  for  two  days  and 
that  bill  was  put  to  death,  even  if  a  great 
majority  wanted  it. 


§  289       HOUSE    OF    REPRESENTATIVES.  215 

In  short,  every  road  was  blocked.  In 
the  Fifty-first  Congress  this  was  changed. 
The  motions  to  adjourn,  to  fix  a  time  for 
adjournment,  and  to  take  a  .recess  were 
sent  back  to  their  positions  under  general 
parliamentary  law.  A  rule  was  adopted, 
which  also  was  only  a  return  to  general 
parliamentary  law,  that  the  Speaker  should 
entertain  no  dilatory  motion,  which  meant 
that  the  processes  of  the  House  intended 
for  the  transaction  of  business  should  not 
be  used  to  prevent  business.  The  order  of 
procedure  was  so  changed  that  the  bill 
from  the  Senate  which  was  only  a  House 
bill  amended  could  be  at  once  taken  up, 
if  it  did  not  appropriate  money,  as  could 
also  a  Senate  bill,  the  like  of  wrhich  had 
received  a  favorable  report  from  a  House 
committee.  In  addition,  the  "morning 
hour"  was  so  changed  that  the  House 
could  have  it  terminate  at  the  end  of 
sixty  minutes,  or  could  go  on  after  the 
sixty  minutes  and  finish  the  pending  bill. 
Other  arrangements  were  made  to  facili- 
tate the  unfinished  business.  In  short, 
the  system  contemplated  that  whatever 
business  was  entered  upon  should  be  fin- 


216  PARLIAMENTARY    RULES.  §  289 

ished,  and  not  evaded  except  by  recognized 
parliamentary  motions.  Under  the  old 
system  bills  were  introduced,  10,000  in  num- 
ber, in  open-  House,  and  referred  in  much 
confusion  and  with  much  waste  of  time. 
Under  the  new  system  these  bills  were 
handed  to  the  Clerk,  regularly  referred, 
and  no  time  of  the  House  taken  at  all. 
Reports  of  committees  which  went  to 
the  calendars  were  similarly  treated.  As 
some  body  had  to  take  up  the  question  of 
what  bills  should  have  special  preference, 
the  Committee  on  Rules  was  charged  with 
that  duty,  and  reported  from  time  to  time 
bills  to  be  taken  up,  with  special  rules  for 
their  consideration.  These  last  two  im- 
provements were  adopted  by  the  next 
Congress,  but  the  old  obstruction  para- 
phernalia of  adjourn,  fix  the  day,  and 
recess,  with  a  right  to  use  proper  motions 
for  improper  purpose,  were  reinstated. 
The  "morning  hour"  was  again  reduced 
to  sixty  minutes,  and  that  method  of  kill- 
ing bills  reestablished. 

Whenever  Congress  desires  to  do  work, 
it  must  change  its  old  rules;  whenever  it 
desires  to  avoid  work  and  responsibility 
the  system  before  the  Fifty-first  Congress 
will  be  found  admirable. 


NOTE. 

See  Page  24. 

On  April  i;th,  1894,  the  Fifty-third 
Congress  adopted  the  doctrine  of  a  present 
quorum  by  a  vote  of  213  to  47,  and  that 
question  seems  to  be  settled. 


(317) 


I 

0 

a 

to 

1 

a 

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0 

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G 

Vl-l 

0 

gj 

*-. 

to 

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.2 

bo 

a 

o 

1 

1 

r-H-J 

g  o 
o-o 

a 

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*d 

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'd 

to 

c 
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g 

aj 

+->  O 
aJ,S 

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o 

-M 

.s 

a 

<u 

a> 

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y 

0) 

<1> 

*d 

<u 

1)  1) 

g 

a 

1 

1 

1 

3 

'55    ~ 

ts 

•2 

a 

a 

.2 

f 

g 

1 

a 

s 

o 

o 

0*0 

o 

§•3 

0 

s 

to 

tfl 

1 

aj 

1 

to9 

>  Amend 

4. 

o 

4. 

4. 

o 

4. 

161 

I 

184 

y  Appeal  

o 

o 

o 

4- 

4. 

o 

o 

4. 

185 
169 
170 

j-  Adjourn  

2 
O 

o 

o 

o 

o 

o 

o 

0 

0 

0 

o 

To  fix  time 

171 

to  which 

4. 

o 

o 

4, 

o 

o 

o 

4. 

Commit     

4. 

o 

o 

4. 

3 

4. 

o 

o 

4. 

4. 

1  lo 

Consideration, 

4 

Question  of  

O 

o 

o 

o 

0 

o 

o 

o 

0 

0 

194 

methods  of  

+ 

o 

o 

o 

o 

4- 

o 

o 

o 

o 

4 
4- 

'93 

Division  of  Ques- 

tion 

4. 

o 

o 

Q 

o 

4. 

114 

Lay  on  table  (see 

5 

note)  

o 

o 

o 

o 

o 

o 

rog 

Main  Question... 

4- 

4- 

4- 

4- 

4- 

+ 

4- 

4- 

6 

i8a 

Drder,  Point  of.. 

0 

o 

o 

0 

4- 

o 

0 

o 

o 

o 

o 

187 

Papers,    Reading 

of 

4. 

o 

o 

n  8 

Postpone   to  day 

7 

certain 

4. 

o 

o 

o 

8 

121 
!25 

Indefinitely 
Previous      Ques- 

O 

o 

o 

4- 

o 

0 

o 

o 

o 

4- 

tion 

o 

o 

E78 

Privilege,     Ques- 
tion of. 

4. 

4. 

4, 

4. 

4. 

J74 

lecess  

o 

o 

o 

4- 

o 

o 

o 

o 

o 

o 

lyi 

Rules,       Suspen- 

sion of  

o 

o 

o 

o 

o 

o 

o 

o 

o 

o 

[89 

Withdrawal      of 

9 

Motion  

0 

o 

o 

o 

o 

o 

o 

o 

o 

o 

4- 

EXPLANATION.— This  table  is  intended  to  answer  the  question 
in  the  vertical  column  during  the  pendency  of  the  motion  in  the 
horizontal  column,  e.  g.:  Amend.  Amend?  (Can  you  amend 
an  amendment?)  Yes.  Consideration,  Question  of?  (Can  you 
raise  question?)  No.  Motion  as  to  methods  of  Consideration? 
Yes.  Debatable?  Yes.  Division  of  question?  Yes.  Postpone 
to  day  certain  ?  No.  Indefinitely  ?  No.  Previous  Question  ?  No. 
Reading  of  paperB  ?  Yes.  Reconsideration  ?  Yes. 

The  4-  means  yes;  the  o,  no.  Numerals  in  table  refer  to  oppo- 
site page. 

(218) 


MODIFICATIONS. 

(REFERRED  TO  BY  NUMERALS  IN  TABLE.) 

1.  But  a  motion  to  lay  appeal  on  the  table  will  cut  off 
debate,  and  if  carried  will  sustain  the  chair. 

2.  Motion  to  adjourn  can  not   be  amended  unless  it 
means  a  dissolution  of  the  assembly.    See  §170. 

3.  But  does  to  open  to  discussion  the  Main  Question 
unless  coupled  with  instructions.    §120. 

4.  But  not  after  consideration  has  begun. 

5.  But  not  if  motion  has  been  decided  affirmatively. 

6.  Not  as  of  right,  but  solely    by  permission  of  the 
chair. 

7.  Does  not  open  Main  Question  to  discussion. 

8.  Opens  Main  Question  to  discussion,  because  decision 
in  the  affirmative  is  a  final  negative  to  the  whole  propo- 
sition. 

9.  But  not  after  the  member  having  leave  to  withdraw, 
has  withdrawn  it. 

GENERAL    REMARKS. 

Lay  on  Table.  Motion  to,  can  be  entertained  on  amend- 
ment, but  the  result  is  the  same  as  if  made  generally — 
the  whole  subject  goes  on  the  table.  See  §114.  If  made  on 
"appeal"  or  ''motion  to  reconsider"  only  the  appeal  or 
motion  to  reconsider  goes  on  the  table,  but  not  the  whole 
matter,  and  both  appeal  and  motion  are  thereby  ended. 

Member  on  Floor  can  be  taken  off  on  Point  of  Order  or 
on  Question  of  Privilege.  No  one  can  claim  the  floor 
against  a  Question  of  Consideration  seasonably  raised. 

Presiding  Officer.  When  a  member  he  may  vote  even 
when  his  vote  makes  a  tie.  A  tie  vote  on  an  appeal  sus- 
tains the  chair. 

Reconsideration.  A  motion  to  reconsider  opens  the 
whole  question  to  debate  even  after  it  has  passed  under 
the  previous  question;  but  the  motion  to  reconsider 
may  be  laid  on  the  table,  and  thus  negatived  and  debate 
cut  off. 

Second.    None  required  on  point  of  order  or  on  recon- 
sideration, or  on  question  of  consideration  or  appeal. 
(219) 


INDEX. 


SECTION. 

Action  by  an  Assembly,  forms  of 100 

Adjourn .. 169,  170,  201 

motion  to,  highly  privileged 169 

exception 17° 

motion  to  fix  time  to  which  to 171 

practical  observations 172 

practical  suggestions 173 

Amendment 129  to  161,  201 

amendment  to 133,  149 

ot  committee  .... 84 

changing  affirmative^.. 159 

division  of  question ...151,  193 

who  may  demand  division  of  question 152 

English  system  of  putting 148 

filling  of  blanks 154 

germane 160 

of  incidental  motions 201 

incompatible  or  inconsistent 161 

insertion  of  words. 135?  136 

limitation  of  words .-. 159 

method  of  making 132 

method  of  procedure  in  ordinary  cases 129 

method  of  stating 158 

modification  of,  by  mover 150 

object  of 131 

oneatatime 134 

other  methods  of 155 

paragraphs 130,  144 

preamble 130  note 

striking  out 137 

striking  out,  effect  of 138,  139 

C220) 


INDEX.  221 

Amendment  —  Continued.  SECTION 

striking  out,  rule  in  House  of  Representatives 139 

striking  out  all  after  enacting  clause 156 

striking  out  enacting  clause .. 157 

striking  out  and  inserting 140 

striking  out  and  inserting  paragraph 144,  147 

striking  out  and  inserting  indivisible .  141 

striking  out  and  inserting,  House  of  Representatives,  145 

striking  out  and  inserting,  practical  suggestion 146 

striking  out,  etc.,  effect  of  affirmative  action 143 

striking  out,  etc.,  effect  of  negative  action 142 

substitute 140 

Appeal 184,  185 

Assembly,  adaptation  of  organization  to.. 5  to  8 

forms  of  action  by.l 100 

how  it  acts 100 

Assemblies,  legislative  and  constituent 4 

nature  of 2 

understanding  under  which  all  meet i 

voluntary 3 

Blanks,  how  filled 154 

Business,  how  introduced 101,  102 

conduct  of chapters  8,  9  and  10 

Clerk   41 

duties 43 

qualifications 43 

right  to  debate  and  vote 45 

substitute  44 

Closure  of  Debate.  See  Previous  Question.  See  Table. 

by  incidental  motion.    Table 194 

House  of  Commons  and  French  Chamber 128 

Commit.    See  Motions. 

Committees 119 

action  before  assembly 80  to  82 

action  must  be  at  meeting 79 

amendments 84 

appointment  and  selection 64^69 

consideration  of  reports  of 81,  82 

consideration  of  reports  on  bills 83 

duties  of  officers 73 


222  INDEX. 

Committees— Continued.  SECTION 

kinds  of 59 

conference 63 

joint 62 

select _• 61 

standing __ 60 

method  of  procedure  in 70  to  79 

minority,  views  of 75 

nature  and  need  of 58 

organization  71 

place  and  time  of  sitting 70 

principle  of  selection 69 

quorum .-.  72 

report 80,  85 

secret  meetings 78 

selection  of 64  to  69 

views  of  minority 75 

Committee  of  the  Whole 86  to  99 

chairman 87 

clerk 88 

debate 91 

origin 86 

order  in 94 

procedure  in 87  to  98 

quorum 89 

record  of 93 

report  of 93 

rising  of 92 

sittings,  how  ordered 98 

sub-committee,  none 97 

subjects  entrusted  to - 95 

suggestions 99 

yeas  and  nays 90 

House  of  Representatives 96 

Communication  between  two  houses,  methods 236 

messages 237 

committees 238,  239 

Conduct  of  Business looto  19$ 

Conferences 240 

action  of  committee  of 243 


INDEX.  223 

Co  nferen  ces  —  Con  tin  ued.  s  E  CT  I  o  N 

free 242 

method  of  obtaining 245 

object  of -. 241 

procedure  on  report. 246 

report  in  House  of  Representatives  has  preference 

over  adjournment 169 

report  of 244 

Consent,  unanimous,  effect  of 24 

Consideration,  question  of no 

time  of  raising 112 

motions  as  to  methods  of 194 

Debate 91 

beginning  of 213 

cessation  of 220 

disorderly  words 222 

disorderly  words,  procedure 223 

in  committee  of  the  whole 91 

in  House  of  Representatives 227 

informal  remarks 219 

member  speaks  but  once.. 215 

object  of 212 

reference  to  in  other  branch '. 224 

relevancy 216 

what  allowed  on  various  motions 201 

Decorum,   duty    of   presiding   officer    where    proper 

motions  are  used  for  improper  purposes 225 

practice  in  House  of  Representatives 228 

punishment  of  breach  of 226 

references  to  other  branch  of  legislature 224 

Division  of  Question ^-i5i»  193 

in  House  of  Representatives 152 

substitute  for 153 

who  may  demand 152 

Duties 

of  clerk 43 

ofmembers 49 

of  presiding  officer 34 

of  committee  officers 73 

Filling  Blanks - 154 


224  INDEX. 

SECTION 
Forms 27010  288 

call  for  meeting ...270 

calling  to  order 271 

motions  to  adjourn.. 281 

motions  to  amend ...  279 

motions  to  commit 278 

motions  on  division  of  question 288 

motions  to  lay  on  table 276 

motions  on  point  of  order 274,  288 

motions  on  postponement. 277 

motions  on  previous  question 280 

motions  of  privilege. _ 283 

motions  on  reading  of  papers 285 

motions  on  recess  _ 282 

motions  on  suspension  of  rules 286 

parliamentary  inquiries 273 

preliminary  proceedings 271 

General  Parliamentary  Lavr.    See  Introduction 57 

House  of  Representatives,  appointment  by  speaker 

of  substitute 39 

amendment  filling  blanks 154 

change  of  rules  in  fifty-first  congress 289 

committees  of  the  whole 96 

conference  report 246 

debate 227 

division  of  question 152 

motion  to  strike  out 139 

motion  to  strike  out  and  insert 145 

organization 7 

petitions 107 

questions  of  privilege 178 

quorum 16,  21 

lay  on  the  table 115 

methods  of  business 289 

orders  of  the  day -. 258 

previous  question 126 

privileged  motions 177 

punishment  for  misbehavior 228 

rank  of  motions 265 


INDEX.  225 

House  of  Representatives—  Continued.  SECTION 

reading  papers 188 

reconsideration 206 

reconsideration,  who  may  move 208 

right  to  report  at  any  time... 80 

second  in 105 

speaker  pro  tern,  selection  of _• 39 

suspension  of  rules 54,  192 

withdrawal  of  motion. 190 

yielding  floor 218 

Incidental  Motions*    See  Order,  points  of. 181  to  195 

division  of  the  question 151,  193 

amendment 201 

consideration,  motions  as  to  method... 194,  195 

debate  on,  etc 201 

reading  of  papers 187 

suspension  of  rules • 53 

withdrawal  of "  motion 189 

Indefinite  Postponement.     See  Motions. 

Journal.... 46 

Lay  on  Table.     See  Motions. 

Legislature,  co-ordinate  branches.    See  Conference. 

communication,  method  of 236 

committees,  joint _ 238 

committees,  select 239 

conferences 240  to  246 

Main  Question 109,  196 

division  of 151,  152 

Majority  Rule  _ _ 23 

Members'  Rights  and  Duties 48,49,50 

Minutes.    Seefournat. 

Minority,  views  of 75 

Motions  relating  to  agreement  or  disagreement  .247  to  254 

adhere 253 

concur 248,  250 

non-concur 249,  250 

insist _ 252,  254 

recede 251,  254 

Motions.     See  Amendments. 
to  adjourn 169,  170 


226  INDEX. 

Motions  —  Continued.  SECTION 

to  adjourn,  no  quorum  required 175 

to  adhere 253 

change  in  rank  of ,  House  of  Representatives...  264,  265,  268 

to  commit 1 119,  120,  197,  201 

to  concur 248 

to  dissolve 172,  173 

effect  of  superior  on  pending  motions 166 

to  fix  time  of  adjournment 171,  172 

to  insist 252 

incidental 181, 199 

to  lay  on  table 114,  116,  117,  201 

main  question 109 

to  non-concur 249 

as  to  methods  of  consideration 194,  195 

order  of,  practical  illustration 200 

to  postpone  indefinitely 121,  122,  201 

to  postpone  to  day  certain 118,  201,  256 

previous  question 123  to  127,  201,  269 

privileged _ 167,  168,  201 

rank  of 196,  201,  264 

rank  of,  change  in . 268 

reading  of  papers 187 

reading  of  papers,  House  of  Representatives 188 

recess 174,  201 

to  recede 251 

to  reconsider 202  to  211 

relations  of,  to  debate,  amendment  and  each  other...  201 

second 104 

second,  House  of  Representatives 105 

to  strike  out  and  insert  indivisible 141 

subsidiary 162  to  197 

subsidiary,  application  of  to  each  other 164 

subsidiary,  rank  of 163 

suspension  of  rules 191 

suspension  of  rules,  House  of  Representatives 192 

withdrawal  of  motion 189 

withdrawal  of  motion,  House  of  Representatives 190 

to  be  in  writing 103 

when  in  possession  of  assembly 108 


INDEX.  227 

SECTION 

Officers,  election  of  by  plurality 25 

necessary 47 

other 47 

Order  of  Business.  _ 255,  258,  260  to  263,  267 

Order,  points  of in,  182,  199 

appeal 184,  185 

manner  of  raising  and  deciding 184 

during  divisions 235 

how  disposed  of 183 

time  of  raising 112,  199 

Order,  methods  of  preserving 221 

Orders  of  the  Day 255,  256,  257 

House  of  Representatives 258 

Organization,  commencement  of : 5  to  8 

double _ 28,  29,  30 

legislative 31 

House  of  Representatives 31 

object  of. _ ._     26 

permanent 30 

simple 27 

temporary 29 

Parliamentary  Inquiry.     Note 34 

Petitions _ 106 

House  of  Representatives 107 

Postpone  to  Day  Certain.    See  Motions. 

Plurality,  election  by 25 

Preamble,  amendment  of 130 

Presiding  Officer 32 

appointment  of  substitute 37 

behavior 1 35 

choice  of  temporary 37 

duties 34,  94,  214 

duty  on  abuse  of  forms 225 

debate,  right  to _ 40 

power  of  assembly  over 36 

qualifications _ 33 

substitute _ 37,  38,  39 

Previous  Question, 

as  now  in  use 125 

in  America 124 


228  INDEX. 

Previous  Question  —  Continued.  SECTION 

original _ 123 

practical  suggestion 127 

rank 126 

rank,  change  in 268 

two-thirds  rule 269 

House  of  Representatives 126 

House  of  Commons 128 

Privileged  Questions.     See  Motions 167,  168,  198 

Procedure,  method  of 

as  to  amendments 129 

as  to  main  question 109 

as  to  paragraphs 134,  144 

as  to  sections 134,  144 

Qualification  s  of  Clerk 42 

presiding  officer 33 

Quorum,  adjournment  from  lack  of 20 

all 13 

ascertainment  of 34 

committee  of  the  whole 18,  89 

definition 9 

during  debate - 17 

effect  of  no,  in  House  of  Representatives.. 21 

how  fixed 14 

majority 12 

need  of  fixing 22 

not  required  to  adjourn 175 

number  necessary 10 

point  of  no,  must  be  made 19 

practical  application  of  doctrine 19 

practice  in  House  of  Representatives 16 

present,  sufficient 15 

suggestion  as  to  fixing  number  of 22 

when  not  necessary n 

Beading  of  Paper* 187 

Recess 174 

Recognitions,  by  presiding  officer 214 

Reconsideration 202  to  211 

but  once 204 

can  not  be  reconsidered  204 

debate..,  210 


INDEX.  229 

Reconsideration  —  Continued.  SECTION 

effect  of. 203 

generally 202 

motion  for _. 203 

object  of ...  209 

when  permissible 204 

when  out  of  order 204 

when  to  be  made 205 

who  may  make 207 

yeas  and  nays,  how  reconsidered 204 

Recording  Officer.    See  Clerk. 

Rules,  absence  of  ...- 56 

alteration  of . . 52 

change  of,  in  fifty-first  congress 289 

practical  suggestions 55 

special .51,  259 

suspension  of 53 

suspension  of ,  House  of  Representatives 54 

why  rules  are  needed 51 

Secretary.    See  Clerk. 

Sub-Committees 97 

Substitute 140 

Substitute  Bill .'.. 77 

Subsidiary  Motions.    See  Motions  and  chs.viii  and 

ix 163  to  165 

application  to  each  other 164,  165 

rank  of _ ---  163 

Suspension  of  Rules 53 

House  of  Representatives 54 

Unanimous  Consent,  effect  of. ._ 24 

View  of  Minority _ 75 

Voting,  methods  of 229  to  234 

decision  of  points  of  order  during 235 

by  rising  vote 231 

by  sound • 230 

by  yeas  and  nays 232 

House  of  Representatives 233 

various  other  methods 234 

Teas  and  Nays 90,  232 

Yielding  the  Floor 1 217 

House  of  Representatives 218 


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